Kathrine McLendon and Lily Picon Co-Author Article in Harvard Law School’s Bankruptcy Roundtable
06.05.18
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Restructuring and Bankruptcy Senior Counsel Kathrine McLendon and Corporate Associate Lily Picon co-authored an article for the Harvard Law School Bankruptcy Roundtable, titled “The Changing Landscape of Consensual Third-Party Releases in Chapter 11 Plans: Does Silence = Consent?” The article discusses the trend toward stronger indicia of implicit consent to third-party releases in chapter 11 plans and examines recent cases in which consensual releases have been challenged by the Office of the United States Trustee and by courts sua sponte. The article also analyzes the statutory framework that underlies consensual third-party releases and provides practice pointers to support the case for confirmation of chapter 11 plans containing such releases.
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