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

2025-09-18 14:00:00

2025-09-18 14:00:00

1 Credits

Complex tort bankruptcies present unique notice challenges requiring careful attention to creditor categories, due process standards, and proper service requirements.

2025-09-18 14:00:00

Complex tort bankruptcies present unique notice challenges requiring careful attention to creditor categories, due process standards, and proper service requirements.

2025-09-18 14:00:00

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1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the critical notice requirements for handling bankruptcy cases involving tort claimants, including distinctions between known and unknown creditors and due process standards.

What will you gain

Attorneys will gain practical knowledge for building notice procedures and real-world examples from recent complex tort bankruptcies nationwide.

Notice Foundation
The Mullane case establishes due process standards for notice and opportunity to be heard.
Creditor Categories
Practitioners must categorize creditors as known or unknown with known or unknown claims.
Mass Tort Drivers
Mass tort litigation now drives Chapter 11 cases, with MDLs comprising 65 percent of federal dockets.
Publication Notice
Courts must approve both the form and manner of publication notice for unknown claimants.
Record-Keeping
Debtors bear the burden of proving parties received notices through detailed documentation.
Injunction Service
When settlements include injunctions, affected parties require service under Rule 7004.

What will you learn

Attorneys will learn the critical notice requirements for handling bankruptcy cases involving tort claimants, including distinctions between known and unknown creditors and due process standards.

What will you gain

Attorneys will gain practical knowledge for building notice procedures and real-world examples from recent complex tort bankruptcies nationwide.

Agenda

Session 1

Foundational Notice Requirements Under the Bankruptcy Code

Session 2

Unique Challenges in Complex Mass Tort Bankruptcies

Session 3

Due Process Standards Through Key Case Studies

Session 4

Building Effective Notice Procedures and Documentation Systems

Session 5

Nationwide Examples of Approved Complex Tort Notice Procedures

clock 2:00 pm - 2:10 pm EST

Foundational Notice Requirements Under the Bankruptcy Code

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

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.

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

clock 2:10 pm - 2:20 pm EST

Unique Challenges in Complex Mass Tort Bankruptcies

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

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.

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

clock 2:20 pm - 2:30 pm EST

Due Process Standards Through Key Case Studies

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

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.

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

clock 2:30 pm - 2:40 pm EST

Building Effective Notice Procedures and Documentation Systems

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

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.

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

clock 2:40 pm - 3:00 pm EST

Nationwide Examples of Approved Complex Tort Notice Procedures

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

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.

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

01 05
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

London England

Reed Smith LLP

Andrew Ballentine

Cornerstone Law

London England

Reed Smith LLP

London concentrates her practice on representing both individuals and corporations in high stakes litigation and bankruptcy proceedings. She represents chapter 11 debtors, creditors, trustees, and state and federal equity receivers, and also litigates regulatory and government enforcement actions, corporate disputes, and bet-the-company cases.

Education & Credentials

Magna cum laude graduate of SMU Dedman School of Law.

Professional Involvement

Serves on the Federal Bar Association's Bankruptcy Law Section Committee and the Young Professionals Committee for the National Association of Federal Equity Receivers.

Experience

Clerked for Judge Priest Johnson in the Eastern District of Texas before joining private practice.

London England

Reed Smith LLP

London concentrates her practice on representing both individuals and corporations in high stakes litigation and bankruptcy proceedings. She represents chapter 11 debtors, creditors, trustees, and state and federal equity receivers, and also litigates regulatory and government enforcement actions, corporate disputes, and bet-the-company cases.

Education & Credentials

Magna cum laude graduate of SMU Dedman School of Law.

Professional Involvement

Serves on the Federal Bar Association's Bankruptcy Law Section Committee and the Young Professionals Committee for the National Association of Federal Equity Receivers.

Experience

Clerked for Judge Priest Johnson in the Eastern District of Texas before joining private practice.

Andrew Ballentine

Cornerstone Law

Andrew S. Ballentine is a senior associate focusing on civil litigation including representation of small and mid-size corporations, commercial landlords, lenders, and creditors in Chapter 7, 13, and 11 bankruptcy cases or adversary proceedings.

Recognition & Leadership

In 2019, appointed by Governor Ron DeSantis to the Judicial Nominating Commission for the Eighteenth Judicial Circuit.

Professional Involvement

Director-at-large for the Orlando Chapter of the Federal Bar Association, treasurer for the Bankruptcy Law Section of the Federal Bar Association, and member-at-large of the Central Florida Bankruptcy Law Association.

Experience

Extensive experience representing businesses and individuals in Florida and federal courts. Represents creditors on Unsecured Creditor Committees in large, complex Chapter 11 bankruptcies and Bankruptcy Trustees. Previously worked for a large regional law firm as part of a team of more than 300 lawyers. Served as a law clerk for the United States District Court for the Southern District of Texas.

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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
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Why Attend

Why this 
program matters

Mastering notice requirements in complex tort bankruptcies is essential to protect claimants’ due process rights and ensure binding resolution of mass tort claims.
68%
Of the pending federal civil caseload consists of MDL cases as of fiscal year 2024, up from 29% just 13 years earlier.
82k+
Sexual abuse claims were filed in the Boy Scouts bankruptcy by the November 2020 bar date, making it the largest child sexual abuse settlement in U.S. history.
$7.4B
Settlement confirmed in the Purdue Pharma bankruptcy to address opioid crisis claims, with the Sackler family contributing up to $6.5 billion over 15 years.
694
U.S. companies filed for bankruptcy protection in 2024, the highest annual figure since 2010 and exceeding even early-pandemic 2020 levels.

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