The Need for Dignitary Justice for Tort Creditors in Chapter 11 Bankruptcy

Abstract

With increased frequency, mass tortfeasors are turning to Chapter 11 to address their liabilities, dragging enormous numbers of tort victims into bankruptcy court with them. These individuals deserve fair and dignified treatment. Indeed, if we care about people’s experiences within, and the public’s trust in, the bankruptcy courts, such treatment is essential. Yet contemporary corporate bankruptcy law and literature leave little room for dignitary concerns. This Note aims to highlight the system’s shortcomings and suggest low-cost interventions which would restore dignity to tort creditors.