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Rochelle's Daily Wire
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Recoveries on Postpetition Tort Recoveries Do (Do Not) Belong to Creditors in ‘13’...
... departed from the statute by ruling that the ‘ability to pay’ gives postpetition tort claims to creditors in ... completes payments under the plan as originally confirmed, Bankruptcy Judge Henry A. Callaway of Mobile, Ala., is ... the debtor sustained a physical injury after confirmation due to someone else’s negligence. Some courts would give ... -
Delaware Judge Explores the Theories Behind ‘Opt-In’ and ‘Opt-Out’ Chapter 11 Plans...
... LLC Peculiar circumstance compelled a Delaware judge to depart from his usual approval of ‘opt-out’ plans that grant non-debtor releases. Bankruptcy Judge Craig T. Goldblatt of Delaware wrote a ... provision in a plan like any other provision in a plan: Due process is supplied if the creditor is validly served and ...