Newspaper Notice to Unknown Creditors: Still the Only Process that is Due

When our firm filed the first Catholic diocese bankruptcy case in 2004, the debtor provided notice of the claim process to holders of potential future claims by publishing advertisements in various newspapers around the country.  For decades, bankruptcy debtors and other parties facing potential future tort claim liability have relied primarily on newspapers to provide “publication” notice to claimants… Continue reading Newspaper Notice to Unknown Creditors: Still the Only Process that is Due

In a Section 363 Sale, a Lienholder’s Silence is Not Consent

A chapter 7 bankruptcy trustee recently sought permission to sell a piece of real property, free and clear of liens and interests under 11 USC § 363(f).  The proposed sale price was far less than the amount of the liens against the property, but the lienholder received notice of the proposed sale and did not file… Continue reading In a Section 363 Sale, a Lienholder’s Silence is Not Consent