(L-R)Kate Roggio Buck and Shannon Dougherty Humiston of McCarter & English. Courtesy photos 'Known' Creditors Can Pursue Untimely Claims in Any Venue
The U.S. Bankruptcy Court for the District of Delaware declared on July 14 that creditors known to debtors prior to filing for Chapter 11 bankruptcy that did not receive actual notice of the bankruptcy cases may pursue claims in the venue of their choice.
July 27, 2022 at 09:00 AM
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The U.S. Bankruptcy Court for the District of Delaware declared, on July 14, that creditors known to debtors prior to filing for Chapter 11 bankruptcy that did not receive actual notice of the bankruptcy cases may pursue claims in the venue of their choice. See In re Rental Car Intermediate Holdings, No. 20-11247 MFW, slip op. at 30-32, 38, 2022 WL 2760127 (Bankr. D. Del. July 14, 2022). Neither personal knowledge of the debtors' bankruptcy proceedings nor any filings made to date eviscerate the "known" creditors' due process rights. In contrast, "unknown" creditors are barred from challenging the adequacy of a court-approved publication notice.
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