The Debate Over Make-Whole Provisions Continues in the Fifth Circuit

In re Ultra Petroleum Corporation is one case that has caused the Fifth Circuit Court of Appeals to revisit the permissibility of Make-Whole provisions, at least three times, over several years.  Earlier discussions of the case have been the subject of prior CRR articles.  See Fifth Circuit Holds that Chapter 11 Plan Does not “Impair” […]

Read More
by H. Joseph Acosta, Esq.

A Tale of 4 Cities: How Different Jurisdictions Recently Address Third-Party Releases

Intro The ability of a chapter 11 going-concern debtor to be discharged from its prepetition liabilities is common place and not controversial.  11 U.S.C.  § 1141(d).  However, the ability of a debtor to release third-party non-debtors from their own liabilities has sparked much debate, because, among other things, the Bankruptcy Code does not clearly or […]

Read More
by H. Joseph Acosta, Esq.