Third-Party Release Agrements

News & Analysis as of

To Release Or Not to Release – If That Is the Question, What Is the Answer?

In a recent decision by the Bankruptcy Court for the District of Delaware, the court adopted a flexible approach to consensual third party releases in a plan of reorganization. In In re Indianapolis Downs, LLC, 2013 Bankr....more

No Clear Disclosure? No Third-Party Release In Ch. 11

Originally published in Law360 on January 28, 2013. A recent appellate decision requires strict adherence to disclosure requirements before third-party releases contained in a Chapter 11 plan may be approved....more

Delaware Opinion In Indianapolis Downs Case Expands Third Party Releases And Approves Post-Petition Lock-Up Agreements

The Bankruptcy Court for the District of Delaware recently issued an opinion confirming a chapter 11 plan (i) based on a lock-up agreement between the debtor and its major creditors and (ii) containing third party releases...more

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