It has long been a mainstay of Chapter 11 bankruptcies that non-debtor third-parties are permitted to obtain broad releases. From corporate insiders to lenders, non-debtors could leave the bankruptcy process with a level of certainty that the risk of liability arising from their relationship to the debtor, its business, or the reorganization itself was minimal if not non-existent. That certainty has started to fade as the ability to obtain releases has grown in difficulty. Recent high-profile decisions have wholly barred non-consensual non-debtor releases, and there is proposed Congressional legislation that would do away with non-debtor releases absent express written consent.
Join us for a discussion of what types of non-debtor releases can be found in bankruptcy, how they have been treated and allowed over the years, and where third-party releases appear to be headed in the future.
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**NOTE: Watching this recording does not allow the user to obtain CLE, CPD, CPE or HR credits.