Due Process for the Unknown Future Claim in Bankruptcy - Is this Notice Really Necessary?

American Bankruptcy Law Journal, Vol. 78, p. 339, 2008

Wayne State University Law School Research Paper No. 08-41

41 Pages Posted: 23 Nov 2008

See all articles by Laura B. Bartell

Laura B. Bartell

Wayne State University Law School; University of Michigan Law School

Date Written: November 19, 2008

Abstract

This Article looks at how the definition of "claim" creates due process concerns for those who are not yet harmed by prepetition conduct of the debtor, or whose harm is not ascertainable, and who are therefore unable to receive individual notice of the bankruptcy case. I suggest that adequate notice required by the Due Process Clause can be provided to these claimants by giving actual notice to a future claims representative appointed to act as their guardian ad litem because they are legally incompetent to represent themselves in the bankruptcy case.

Suggested Citation

Bartell, Laura B., Due Process for the Unknown Future Claim in Bankruptcy - Is this Notice Really Necessary? (November 19, 2008). American Bankruptcy Law Journal, Vol. 78, p. 339, 2008, Wayne State University Law School Research Paper No. 08-41, Available at SSRN: https://ssrn.com/abstract=1304276

Laura B. Bartell (Contact Author)

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States
313-577-3540 (Phone)
313-577-2620 (Fax)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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