A creditor must only file a proof of claim if the bankruptcy trustee does not know of the
existence of the claim.
Humberto called his friend John and asked him to come over immediately because
Humberto had suffered a stroke and might be dying. In their telephone conversation,
Humberto advised John that he wanted to give John his gold watch. Immediately after
their telephone conversation, Humberto wrote out a will that left his share in Blackacre
to John. Blackacre was the marital home of Humberto and Connie, who owned the
home as tenants by the entirety. Humberto died before John arrived at Blackacre. John
claims the watch and a share in the home. Connie contests both matters. Decide.
Under the Litigation Reform Act of 1995, issuers of forward-looking statements that
were not knowingly false when made have a safe harbor from related lawsuits if
appropriate cautionary language was included.