After Purdue, Two Courts Still Permit Broad Nonconsensual Releases in ‘15’
Bankruptcy courts in New York and Delaware believe that Purdue did not change the law and that nondebtor releases and exculpations are still permissible in chapter 15 cases.
Two Courts Hold: Injunctions Are Ok to Protect Nondebtors for the Life of a Plan
Judge Meredith Grabill of New Orleans agreed with New York’s Judge Mastando that a Subchapter V plan can enjoin lawsuits against nondebtors for the life of a three-year plan.
The ‘Dissent’ in Boy Scouts Favored Using Equitable Mootness to Uphold Nondebtor Releases
The circuit courts are diverging on the utility of equitable mootness to avoid reversing confirmation of chapter 11 plans.
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Third Circuit Upholds Boy Scouts’ Nonconsensual Releases, Purdue Notwithstanding
The Third Circuit majority upheld nondebtor, nonconsensual releases because they were part of a sale, making the appeal statutorily moot under Section 363(m).
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