Barring Unknown and Unknowable Claims: The Search for the Holy Grail

This panel will explore the impact of unknown (or unknowable) claims and best practices for attempting to bar such claims through a chapter 11 plan or § 363 sale. The panelists will address cases involving product liability (including the recent GM case), environmental claims, and other situations where due-process concerns could limit the ability to bar such claims.


Very Good Debates

Judicial Debate
Resolved: A debtor must obtain a judgment under chapter 5 of the Bankruptcy Code before it may invoke disallowance of a claim under section 502(d).

Business Debate
Resolved: Cure and reinstatement of a credit agreement under 1124(2) requires the payment of default interest.

Consumer Debate
Resolved: Flat fees that are earned upon receipt may not be recovered by chapter 7 trustee upon the rejection of the fee agreement.

Media: Video
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Case Law and Rules Update: Part I

Enjoining the Future: Unknown Claims and the Limits of Due Process

This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.

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