January 25, 2017

Discharging "Unknown" Claims

Discharging "Unknown" Claims

January 25, 2017

As is highlighted in recent decisions in the General Motors bankruptcy case and in the bankruptcy cases filed by various dioceses, there are a number of unanswered questions relating to the discharge of certain claims in Chapter 11 cases, including the following questions:

  • What claims can be discharged in a chapter 11 case?
  • What are the due process limitations on discharging claims?
  • How do you determine if a claim is "known," so that the claimant is entitled to actual notice, or "unknown," so that notice by publication suffices?
  • What is the proper remedy if a claimant failed to receive actual notice?

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