Tue, Jun 1, 2021

Noticing Mass Tort Claimants in Bankruptcy

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Mass tort Chapter 11 filings bring unique challenges due to the large number of known and unknown present and future claims. Effective noticing of mass tort claimants ensures that claims are successfully discharged or otherwise enjoined in the debtor’s emergence from Chapter 11.

This article examines the noticing and solicitation process for mass tort claimants in a Chapter 11 case, including considerations for companies and their counsel when preparing for and soliciting a plan with the assistance of a solicitation agent.

In this publication, Katina Brountzas, Senior Director at Prime Clerk, discusses:

  • Preliminary considerations
  • Identifying mass tort claimants
  • Notice of automatic stay
  • Actual notice to known claimants
  • Constructive notice to unknown claimants, including notice by publication and supplemental notice

*This article was originally published in the Thomson Reuters Publication, Practical Law.

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