Martha Chovanes

As many bankruptcy practitioners are aware, there is a circuit court split with respect to the allowability of non-consensual third-party releases.  Notably, in the Purdue Pharma case, the United States

Continue Reading Are Gate-keeper Provisions in Chapter 11 Confirmation Orders a Stopgap for Nonconsensual Third-Party Releases?

On April 19, 2023, Justice Ketanji Brown Jackson, writing for a unanimous Court in MOAC Mall Holdings LLC v. Transform Holdco LLC, 598 U.S. ___ 143 S. Ct.

Continue Reading How Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking Certainty