Legal Opinion
Behrmann v. National Heritage Foundation, Inc.
Court of Appeals for the Fourth Circuit
Decided December 9, 2011No. 10-2015PublishedCited by 49 opinions
1Opinion of the Court
OPINION
DIAZ, Circuit Judge:
We consider in this case the circumstances under which a bankruptcy court may approve nondebtor release, injunction, and exculpation provisions as part of a final plan of reorganization under Chapter 11 of the Bankruptcy Code.
We hold that equitable relief provisions of the type approved in this case are permissible in certain circumstances. A bankruptcy court must, however, find facts sufficient to support its legal conclusion that a particular debtor’s circumstances entitle it to such relief. Because the bankruptcy court in this case failed to make such findings,…
2Cases cited11 opinions
- In Re Drexel Burnham Lambert Group, Inc.Court of Appeals for the First Circuit · 1992
- In Re: Continental AirlinesCourt of Appeals for the Third Circuit · 2000
- In Re: Metromedia Fiber Network, Inc., Debtors. Deutsche Bank Ag, London Branch and Bear, Stearns & Co., Inc. v. Metromedia Fiber Network, Inc., Debtors-AppelleesCourt of Appeals for the Second Circuit · 2005
- Airadigm Communications, Inc. v. Federal Communications CommissionCourt of Appeals for the Seventh Circuit · 2008
- Mac Panel Company v. Virginia Panel CorporationCourt of Appeals for the Fourth Circuit · 2002
6 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- R² Investments, LDC v. Charter Communications, Inc. (In Re Charter Communications, Inc.)Court of Appeals for the Second Circuit · 2012
- In Re One2One Communications, LLCCourt of Appeals for the Third Circuit · 2015
- Tribune Media Company v.Court of Appeals for the Third Circuit · 2015
- In re Aegean Marine Petroleum Network Inc.United States Bankruptcy Court, S.D. New York · 2019
- National Heritage Foundation, Inc. v. Highbourne FoundationCourt of Appeals for the Fourth Circuit · 2014
44 more not listed; retrieve them via the Exa API.