Current State of Play of 3rd-Party Releases in Bankruptcy (Feb. 11, 2022)
Octus Radio
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Rejection of Non-Severability Provision and Third-Party Releases in Bankruptcy Cases
This chapter discusses the rejection of a plan's non-severability provision and the use of third-party releases in bankruptcy cases, focusing on the Malincrad case. It highlights the judge's approval of both non-consensual third-party releases of opioid claims and consensual third-party releases of non-opioid claims, as well as the contrasting approaches of Judge McMahon and Judge Dorsey in bankruptcy cases.
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