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Recent Decisions On Third-Party Releases and Gatekeeper Injunctions

These decisions continue the Article III judiciary’s effort to calibrate the proper scope of bankruptcy court power in cases involving sophisticated parties and prepackaged plans, dispensing with equitable mootness and ruling on the merits of appeals.

14 minute read March 01, 2026 at 12:09 AM
By
Corinne Ball
Recent Decisions On Third-Party Releases and Gatekeeper Injunctions

Article III courts continue to review liability management transactions and prepackaged Chapter 11 plans to establish the boundaries of what bankruptcy courts may impose upon creditors who do not affirmatively consent or limit third party access to courts.

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