discharge

Delaware Court Holds Environmental Claim of Unknown Claimant Discharged by Chapter 11 Plan

Addressing unknown future claims in a chapter 11 bankruptcy involves two competing concerns: (a) providing a debtor with a fresh start and (b) providing an unwitting claimant with due process. These competing concerns clash when a debtor seeks to confirm… Read More ›

Third Circuit Clarifies Treatment of Future Claims

In Patricia Wright, et al. v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012), the Third Circuit Court of Appeals undertook¬†the challenge of administering unknown future claims in bankruptcy.¬† Future claims are generally known as claims that only… Read More ›