Summary
- It is essential that plans of allocation be correct and clear before the class notice is mailed.
- While most notices will include a disclaimer that there could be modifications to the plan without additional notice to the class, courts may order supplemental notice to at least the portion of the class that may be harmed by the revision, depending on the nature of the revision.
- In addition, even if no renotification is needed, having conflicting plan provisions causes unnecessary confusion for the class members and increased likelihood of objections and disputed claims.
