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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…

Dan B. Prieto.

Tenant's Election to Retain Possession of Rejected Lease Premises Preserves Obligations Under Related Agreements

USA - March 24 2021 Section 365(h) of the Bankruptcy Code provides special protection for tenants if a trustee or chapter 11 debtor-in-possession ("DIP") rejects an…

Daniel J. Merrett (Dan).

Third Circuit Invokes Equitable Mootness to Bar Appeal of Gifting Chapter 11 Plan

USA - March 24 2021 In In re Nuverra Environmental Solutions, Inc., 834 Fed. App'x 729 (3d Cir. 2021), the U.S. Court of Appeals for the Third Circuit handed down a…

Timothy Hoffmann.

Business Restructuring Review | January-February 2021

USA - February 12 2021 One year ago, we wrote that the large business bankruptcy landscape in 2019 was generally shaped by economic, market, and leverage factors, with…

Charles M. Oellermann.

Texas Bankruptcy Court Allows Make-Whole Premium as Liquidated Damages and Requires Solvent Chapter 11 Debtor to Pay Postpetition Interest

USA - February 12 2021 On October 26, 2020, the U.S. Bankruptcy Court for the Southern District of Texas issued a long-awaited ruling on whether natural gas exploration and…

Brad B. Erens.