A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
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BAP Upholds Confirmation of a Plan with No Trust for Future Asbestos Claimants
Ninth Circuit BAP confirmed a plan with no future creditors’ trust when the debtor claimed there were no future claims and no one was in court representing future claimants.
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Supreme Court Update
Plan Didn’t Extinguish Debts, Only Discharged Them, Fifth Circuit Says
A plan saying that it satisfies and settles claims does nothing more than discharge the claims. It doesn’t extinguish the claims, the Fifth Circuit says.
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Consensual Releases Post-Purdue
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Second Circuit Updates with Bill Rochelle
Conversation with Judges About Today’s Hottest Topics
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On Remand from the Supreme Court in Truck Ins., Fourth Circuit Upholds Confirmation
Fourth Circuit says there’s nothing in the Bankruptcy Code requiring ‘anti-fraud’ provisions in a mass tort chapter 11 plan. The appeals court also holds that an ‘asbestos’ plan isn’t filed in bad faith when the plan gives an insurer no more rights than the insurer has under its policy.
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