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Are you waiving your right to a deficiency claim if you list your claim as fully secured on the proof of claim?
- Reed Smith LLP
- December 19 2011
In a very recent decision by the Court of Appeals for the Eleventh Circuit, In re J.H. Investment Services, Inc., the court held that a creditor must take an affirmative step to pursue an unsecured claim, and that section 506(a)(1) of the Bankruptcy Code does not automatically provide for a deficiency claim