Transfer of Claim Fee. An Unintended Consequence?

By Raymond P. Bell Jr. 1

The current Federal Rule of Bankruptcy Procedure 3001(e) describes claim transfers. The rule contains these provisions:

-Rule 3001(e)(1). If a claim has been transferred other than for security before a proof of claim has been filed, the proof of claim may be filed only by the transferee or indentured trustee,

-Rule 3001(e) (2). In part, if a claim other than one based on a publicly traded note, bond, or debenture has been transferred other than for security after the proof of claim has been . . .

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