O’Melveny Worldwide

Law Journal Newsletters: The Role of Third-Party Releases In Successful Chapter 11 Reorganizations

June 1, 2023

O’Melveny partner John Rapisardi, chair of the firm’s Global Restructuring Practice, and counsel Jacob Beiswenger co-authored this article examining two constitutional issues arising from third-party releases: whether creditor consent to be bound by a third-party release is required to satisfy the due process clause of the Fifth and Fourteenth Amendments; and whether bankruptcy courts have constitutional authority to issue final orders granting third-party releases in a plan of reorganization under Stern v. Marshall.

Read the full article here.