As a result of recent high profile Chapter 11 cases, such as Purdue Pharma and Johnson & Johnson, there has been great Congressional and media attention to controversial Chapter 11 practices. These include debtors’ forum- and judgeshopping, nonconsensual third party releases of nondebtors in the Plan of Reorganization and the use of divisional mergers to isolate liabilities into special purpose entities.
Originally published in Eurofenix, Summer 2022.
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