Bankruptcy Court Determines Standard for Enforcing Non-Consensual Third-Party Releases in a Chapter 15 Case Differs From Applicable Standard in Chapter 11 Cases -

On April 9, 2018, in In re Avanti Communcs. Group Plc, Case No. 18-10458, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) entered an order under chapter 15 of the Bankruptcy Code enforcing a scheme of arrangement sanctioned by a court in England (the “English Court”) that included non-consensual releases of non-debtor affiliate-guarantors.