In This Issue:
Washington District Court Overturns Approval of Third-Party Releases in a Settlement Agreement and Related Free-and-Clear Sale -
In In re Fraser’s Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar. 18,...more
8/21/2019
/ Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Discharge Order ,
Chapter 11 ,
Chapter 15 ,
Commercial Bankruptcy ,
Debt Collection ,
FERC ,
Foreign Debt ,
PG&E ,
Settlement Agreements ,
Taggart v Lorenzen
For nearly 25 years, courts in the Ninth Circuit have consistently refused to sanction nonconsensual third-party releases as part of chapter 11 plans. A ruling recently handed down by the U.S. District Court for the District...more
8/20/2019
/ Asbestos Litigation ,
Asbestos Trust Claims ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Collateral Estoppel ,
Commercial Bankruptcy ,
Cost-Sharing ,
Debtors-in-Possession ,
Reorganizations ,
Section 363 ,
Successor Liability ,
Third-Party Relationships ,
Third-Party Release Agrements
The ability of a trustee or chapter 11 debtor in possession ("DIP") to sell bankruptcy estate assets "free and clear" of liens on the property under section 363(f) of the Bankruptcy Code has long been recognized as one of the...more
8/15/2017
/ Appeals ,
Bankruptcy Code ,
Chapter 11 ,
Commercial Bankruptcy ,
Debt Restructuring ,
Debtors ,
Debtors-in-Possession ,
Free and Clear Transactions ,
Liens ,
Liquidation ,
Mortgages ,
Sale of Assets ,
Section 363 ,
Section 506 ,
Trustees