Realigning the Theory and Practice of Notice in Bankruptcy Cases

Research output: Contribution to journalArticlepeer-review


Recognizing that the Bankruptcy Code, rules, and case law currently
lack an articulate foundation in procedural due process, Professor
Lawless proposes a "Restatement of Notice" for bankruptcy cases. He
incorporates current procedural due process jurisprudence into his
Restatement, emphasizing claimants' dignity interests in receiving notice.
Further, he identifies a balancing test as the method to determine
appropriate notice. Finally, Professor Lawless applies the
Restatement of Notice to bar dates and dischargeability deadlines,
transactions with a single creditor, abandonment of assets and executory
contracts, and sales of assets
Original languageEnglish (US)
Pages (from-to)1215-1278
Number of pages64
JournalWake Forest law review
Issue number4
StatePublished - 1994


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