Chapter 11 Plan Third-Party Release Provisions: Structuring or Objecting to Non-Debtor Releases
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the current treatment of consensual and nonconsensual third-party releases in Chapter 11 reorganization plans. The panel discussion will include current approaches to incorporating release and discharge provisions into a Chapter 11 plan, what constitutes consent for various classes of creditors, how creditors should evaluate and respond to such provisions based on recent case law, and forum shopping for courts that will approve such releases.
- Basic principles of third-party releases
- Court standards for approving third-party releases
- Case law developments: third-party releases
- Drafting non-debtor releases
- Analyzing and objecting to non-debtor releases
- Pending legislation on third-party releases
The panel will review these and other priority issues:
- What factors do courts consider in determining whether third-party releases are appropriate?
- How should third-party releases be drafted to avoid disclosure deficiencies?
- How should creditors, bondholders, and other constituents evaluate release provisions to determine the appropriate response?
Jason W. Bank
Kerr Russell and Weber
Mr. Bank has over 20 years of experience in bankruptcy and restructuring and general corporate law. He focuses his... | Read More
Mr. Bank has over 20 years of experience in bankruptcy and restructuring and general corporate law. He focuses his practice in the areas of commercial bankruptcy, out-of-court workouts, corporate restructuring and creditors’ rights. Mr. Bank is the chair of the firm's Bankruptcy and Restructuring Department.Close
Brendan G. Best
Mr. Best is a partner, chair of Varnum's Restructuring Group, and co-leader of the Banking, Restructuring, and... | Read More
Mr. Best is a partner, chair of Varnum's Restructuring Group, and co-leader of the Banking, Restructuring, and Finance Practice Team. His practice focuses on complex Chapter 11 restructurings, out-of-court workouts, and insolvency-related transactions and litigation. He has substantial experience advising stakeholders in insolvency-related matters across a wide array of industries including manufacturing, automotive, building supply and service, energy, oil and gas, health care, food service, gaming, hospitality, construction, and real estate.Close