Issue link: https://mbozikis.ufcontent.com/i/1422521
89 equitable remedy for breach of performance may also be estimated pursuant to Section 502(c). 11 U.S.C. § 502(c)(2). However, if a contingent or unliquidated claim can be liquidated in the ordinary course without causing undue delay in the administration, it should not be estimated. See In re Bison Res., Inc., 230 B.R. 611, 618-19 (Bankr. N.D. Okla. 1999). A court may use any method of estimation appropriate under the circumstances of a particular case as long as the method used conforms to generally recognized legal principles. 41 Furthermore, an expert may advise the court or be authorized to prepare an estimate. 7. Claims Trading The filing of a bankruptcy petition provides many prepetition creditors with incentives to sell their claims because of the uncertainty as to the timing, amount, and form of any distributions ultimately to be received in the bankruptcy case. The filing of the bankruptcy petition also aids the ability of prospective buyers to find prepetition claims due to the public nature of the proceedings and the filings made therein. 42 As a result, a robust market for claims in bankruptcy cases has developed. E. Administrative Powers 1. Adequate Protection In certain instances, where a creditor's rights vis-à-vis property of the debtor's estate are diminished, the Bankruptcy Code permits such creditor to request that the court condition the debtor's use of such property on the grant of "adequate protection" of the creditor's interest in such property. 43 Adequate protection is relevant when relief from the automatic stay is requested (11 U.S.C. § 362(d)), in dealing with the trustee's or debtor-in- 41 As discussed in Chapter II.B.1., the Bankruptcy Court does not have jurisdiction over personal injury, tort or wrongful death actions, which matters are to be heard by the District Court. 42 For a discussion of the public nature of bankruptcy proceedings and filings, see Chapter IV.C. above. 43 This concept is derived from the Fifth Amendment to the U.S. Constitution.

