Rochelle's Daily Wire

ABI Exclusive

April 26, 2021

Third Circuit dicta suggests that failure to create a trust is constitutionally deficient and won’t discharge claims of ‘unknown’ creditors in a chapter 11 plan.

February 24, 2021

Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.

February 10, 2021

The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.

January 26, 2021

A voluntary chapter 11 case is neither a ‘suit’ nor a ‘claim’ against a debtor giving rise to an insurer’s duty to defend.

August 18, 2020

New York district judge differs with the Third Circuit on a bankruptcy court’s constitutional power to issue nondebtor, third-party releases.

May 12, 2020

Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.

October 21, 2019

Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.

September 26, 2019

April 22, 2019

Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says.
Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says.

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