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Business Restructuring Review Vol. 21 No. 4 July-August 2022

USA - August 2 2022 On June 6, 2022, the U.S. Supreme Court issued a much-awaited decision, Siegel v. Fitzgerald, No. 21-441, __. U.S. __, 2022 WL 1914098 (U.S. June 6…

Dan T. Moss, Daniel J. Merrett (Dan), T. Daniel Reynolds (Dan), Mark G. Douglas, Heather Lennox

Washington Bankruptcy Court Approves Chapter 11 Plan Exculpation and Release Provisions

USA - March 24 2021 There is longstanding controversy concerning the validity of release and exculpation provisions in non-asbestos trust chapter 11 plans that limit the…

Mark G. Douglas

First impressions: Second Circuit rules that lien is extinguished under chapter 11 plan only if secured creditor participates in case

USA - October 1 2015 A hornbook principle of U.S. bankruptcy jurisprudence is that valid liens pass through bankruptcy unaffected. This long-standing principle, however…

Mark G. Douglas

Secured creditor may choose to take no action during Chapter 11 case without hazarding lien stripping

USA - September 30 2013 A long-standing legal principle is that liens pass through bankruptcy unaffected. Like every general rule, however, this tenet has exceptions. One of…

Mark G. Douglas