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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