Third-party releases remain one of the most heavily litigated and closely scrutinized issues in bankruptcy practice. This panel examines recent developments shaping the scope and availability of releases for direct and derivative claims against nondebtors, including the evolving legal landscape following recent court decisions. The panelists discuss practical strategies for obtaining approval of third-party releases, alternative deal structures when releases may not be available, and approaches to minimizing liability exposure while maximizing value and recoveries for creditors across a variety of restructuring and liquidation scenarios.
Learning Objectives:
- Attendees will identify the current legal standards governing the scope and availability of third-party releases for direct and derivative claims against non-debtors, including recent court decisions reshaping this area.
- Attendees will evaluate alternative deal structures and practical strategies for obtaining approval of third-party releases in restructuring and liquidation matters.
- Attendees will assess approaches for minimizing liability exposure for non-debtor parties while maximizing value and recoveries for creditors.