Current State of Play of 3rd-Party Releases in Bankruptcy (Feb. 11, 2022)
Octus Radio
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District Court's Analysis of Third-Party Releases in Bankruptcy
This chapter discusses the analysis conducted by the district court regarding third-party releases in bankruptcy. It focuses on the constitutional violation, lack of authority, and failure to meet the applicable test for the releases. The chapter also explores the issue of due process and consent, the lack of factual record, and the severability of the releases from the bankruptcy plan.
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