Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Corinne Ball is a partner at Jones Day. Corinne Ball

Bankruptcy courts across the United States continue to consider third-party releases and the circumstances under which they may be permissible, if any. The U.S. Court of Appeals for the Fifth Circuit has previously held that bankruptcy courts may not issue nonconsensual, third-party releases as part of a confirmed Chapter 11 plan of reorganization. See Bank of N.Y. Tr. Co. v. Official Unsecured Creditors’ Comm. (In re Pac. Lumber Co.), 584 F.3d 229, 251 (5th Cir. 2009). However, third-party releases also exist in the non-bankruptcy context. Two recent opinions from the Fifth Circuit shed light on the scope of permissible bar orders and third-party releases of claims in the receivership context. Such bar orders may provide an effective alternative to third-party releases in bankruptcy in resolving mass tort cases.

This premium content is locked for
New York Law Journal subscribers only.

*May exclude premium content
Already have an account?
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to groupsales@alm.com to learn more.

Law Firms Mentioned


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.