LAW 794 Lecture Notes - Lecture 15: Constructive Notice, Problem Of Future Contingents
30 Mar 2020
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Notice of bar date is required before cr claim can be discharged. Same is true w/respect to objections to dischargeability (except no-asset ch. P. 2002 (general rule on notice), code 342(c)-(g) (a), (b), (f): proceedings that require notice to all cr (a)(7): bar date; if cr didn"t get notice, cr must be given opportunity to file late claim. If too late (i. e. , after distribution) cr claim can"t be discharged. Cr can go after dr or property that has been sold. Conduct on part of dr that gives rise to pre-petition liability. Binding unknown cr to all proceedings that indirectly affect them. Unknown cr are bound to the same extent as known cr (rep notice) Maybe do the same thing w/r/t unknown cr, but not always. Future claimants require individual notice, which by definition can"t be given here. Whereabouts of known cr can be ascertained w/reasonable diligence, thus requiring actual individual notice by mail.
