Add to your bankruptcy phrase book: ” notice on a scream or die basis.” This means that the notice sent to creditors requires an objection by a dissenting party or the described action will be approved. Contrast this with notice of a proposed action that will be considered at an actual hearing. Thus, the message to the recipient of the notice is scream or your objection will die.
Scream or die notice is grounded in that phrase in the code “notice and opportunity for hearing’ . The court is relieved of the need to hold a hearing where there is no dispute; the opportunity for a hearing, whether or not the opportunity is exercised, is sufficient for due process purposes.
Another phrase for the same approach to notice is “negative notice“.
