Navigating Unique Notice Issues in Complex Tort Bankruptcies (Presented by The Federal Bar Association Bankruptcy Law Section)

This session establishes the foundational standards for notice derived from the Mullane case, emphasizing the dual requirements of opportunity to know and opportunity to be heard. Practitioners will learn the critical distinction between notice under Rule 2002 and formal service under Rules 4 and 7004 for contested matters and adversary proceedings.

This session explores the four categories of creditors practitioners must identify: known creditors with known claims, unknown creditors with known claims, known creditors with unknown claims, and unknown creditors with unknown claims. Attendees will learn about the duty to investigate client records, the impact of mass tort litigation driving 65 percent of the federal docket, and special considerations for latent injuries and sexual assault cases.

Drawing from pivotal cases including USA Gymnastics, Dar Cars, and Commercial Express, this session examines how courts evaluate whether notice satisfies due process requirements. Participants will understand how claimants can lose their rights through constructive notice and the consequences of litigation strategies that delay putting debtors on notice.

This session covers practical considerations for constructing adequate notice procedures, including publication standards, identifying appropriate trade publications, and handling redaction for sensitive cases like sexual assault. Attendees will learn critical record-keeping obligations and how to work with claims agents to maintain proof of notice delivery.

This comprehensive session examines real-world approved notice procedures from cases including Boy Scouts, AMH Motorsports, and Clem Tax, covering plan confirmation, settlement notice, and post-confirmation scenarios. Practitioners will discover emerging notice methods such as NFTs and social media, and learn when injunctions trigger heightened service requirements under Rule 7004.