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chapter 4:

conclusion

Final thoughts

There is a full spectrum of what may be necessary to
provide notice in a bankruptcy case. Traditional notice
with direct mail to known creditors and simple publication

notice to unknown creditors is still the go-to method in
most cases. However, as the recent New Century case
revealed, courts may be quick to scrutinize notice to

unknown creditors. For debtors who have to address
significant pending litigation during reorganization, such
as class action or asbestos litigation, the approach to
providing notice is much more involved and complex. The
cost, time involved and the level of expertise necessary

are all important considerations when resolving complex
litigation. Enlisting a qualified legal notice expert to design
and implement the right notice program to reach the

target audience and ensure due process and the federal
rules are satisfied may be required. Otherwise, it will be
left on the shoulders of the debtor or counsel to defend a
given notice program if challenged.

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