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Bankruptcy Code Bankruptcy Court Bankruptcy Discharge Order

Offit Kurman

Fifth Circuit Confirms Third-Party Liens Survive Chapter 11 Discharge

Offit Kurman on

The Fifth Circuit has confirmed the old adage that liens “ride through” bankruptcy regardless of a discharge. Reversing a Texas bankruptcy court, the Circuit Court has held that a statutory privilege (a lien) against property...more

Nelson Mullins Riley & Scarborough LLP

Free and Clear of Post-Petition Guarantor Liability—Not So Fast: A Bankruptcy Discharge May Not Apply to Post-petition Claims...

A somewhat common question that arises after a bankruptcy discharge is granted is whether post-petition liabilities are discharged under pre-petition agreements, like guaranties. To describe the issue in more digestible...more

Jones Day

Business Restructuring Review July-August 2019

Jones Day on

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

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