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Pragmatic Post-Purdue Approach Behind NJ’s Rise As Strong Venue Option for Chapter 11 Cases

The Chapter 11 filing statistics clearly show that New Jersey has emerged as a strong venue option. The question is why? The answer, we submit, is consistency and pragmatism.

7 minute read February 01, 2025 at 12:07 AM
By
Joseph J. DiPasquale and Michael R. Herz
Pragmatic Post-Purdue Approach Behind NJ’s Rise As Strong Venue Option for Chapter 11 Cases

One of the key elements of a Chapter 11 plan that bankruptcy courts must tackle is the extent of the plan’s releases, including whether a requirement that parties must affirmatively “opt-out” of a plan’s releases sufficiently manifests consent to the releases for those that do not opt-out.

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