Fifth Circuit Weighs In on Scope of Releases and Exculpation

In an important recent U.S. Court of Appeals for the Fifth Circuit decision, the court explored whether exculpation provisions protecting more than just the debtor and committee are appropriate.

8 minute readOctober 01, 2022 at 12:05 AM
By
Francis J. Lawall
Nathaniel T. DeLoatch
Fifth Circuit Weighs In on Scope of Releases and Exculpation

The scope of releases obtainable within a Chapter 11 plan remains a hot issue, as evidenced by high-profile cases such as theBoy Scouts andMallinckrodt. A standard and

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