Structuring Consensual Third-Party Releases in Chapter 11 Plans After Purdue Pharma
When Consensual Releases Are Permitted, Protections, Defining and Obtaining Consent, Effect on Claims, Court's Gatekeeper Role
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will review how courts are evaluating third-party (non-debtor) releases in Chapter 11 plans post-Purdue. We will focus on: (i) when third-party releases may be permissible; (ii) factors courts consider in deciding whether to confirm a plan containing third-party releases; (iii) what constitutes consent; (iv) the permissible scope of releases; (v) what claims cannot be released; and (vi) how to structure, obtain approval for (or object to), and administer releases. We will also discuss the bankruptcy court's "gatekeeping" role as a factor in the debate.
Outline
- Factors courts consider in deciding whether to permit releases
- Structure and scope of permissible releases
- Consequences when releases are not consented to
- Strategies for release for proponents and objectors
Benefits
The panel will discuss these and other key issues:
- What parties typically seek and are granted releases?
- Does consent resolve the Section 524(e) debate?
- Whether a creditor’s unimpaired status is sufficient for deemed consent?
- How should consents be structured: opt-out, opt-in?
- What is the effect of not granting a release?
Faculty
Jordan Chavez
Associate
Haynes Boone
Ms. Chavez is an associate in the Restructuring Practice Group of Haynes and Boone. Since joining the firm, she has... | Read More
Ms. Chavez is an associate in the Restructuring Practice Group of Haynes and Boone. Since joining the firm, she has represented debtors, secured creditors, and unsecured creditors in a wide range of corporate restructurings. Ms. Chavez has experience in a broad range of industries, including cryptocurrency, restaurant, retail, energy, healthcare, logistics, construction, and lodging. Jordan has primarily served as counsel to chapter 11 debtors and has also assisted creditors with in and out of court workouts, bankruptcy litigation, and counterparty insolvency.
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Martha Wyrick
Associate
Haynes and Boone
Ms. Wyrick is an associate in the Restructuring Practice Group in the Dallas office of Haynes and Boone. Her practice... | Read More
Ms. Wyrick is an associate in the Restructuring Practice Group in the Dallas office of Haynes and Boone. Her practice focuses on all areas of restructuring, including in- and out-of- court workouts, bankruptcy litigation, counterparty insolvency and risk management, distressed M&A, lender representation, creditor representation, and Chapter 11 debtor representation. Ms. Wyrick has represented clients in a broad range of industries including oil and gas, energy, construction, and retail, among others. She has also represented various international clients, through chapter 15 or complex, worldwide, multi-party workouts. She is active in the Texas bankruptcy bar, and is the current Education Chair of the Houston Chapter of the Turnaround Management Association (TMA). Ms. Wyrick also serves on the Board for the International Women’s Insolvency & Restructuring Confederation (IWIRC).
CloseEarly Discount (through 11/15/24)
Cannot Attend December 9?
Early Discount (through 11/15/24)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.