Legal Opinion

Bank of New York v. Becker (In re Lower Bucks Hospital)

District Court, E.D. Pennsylvania

Decided January 2, 2013No. Civil Action Nos. 12-3399, 12-3752PublishedCited by 11 opinions

1Opinion of the Court

*307 MEMORANDUM OPINION

SAVAGE, District Judge.

In this appeal from the Bankruptcy Court’s refusal to approve, as part of a reorganization plan, a third party release provision that would have precluded the Bondholders from bringing any claims against the indenture trustee, we must decide whether the Bankruptcy Court erred in determining that the notice to the Bondholders was inadequate. As a corollary, we must decide whether the Bondholders’ acceptance of the third party release during the settlement motion process constituted a consensual release, and whether the plan should have been confirmed…

2Cases cited33 opinions

  1. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
  4. In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
  5. Schwab v. ReillySupreme Court of the United States · 2010

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3Cited by11 opinions

  1. In re Millennium Lab Holdings II, LLCUnited States Bankruptcy Court, D. Delaware · 2017
  2. Opt-Out Lenders v. Millennium Lab Holdings II, LLC (In re Millennium Lab Holdings II, LLC)District Court, D. Delaware · 2018
  3. Lynch v. Lapidem Ltd. (In re Kirwan Offices S.À.R.L.)District Court, S.D. Illinois · 2018
  4. Superior Contracting Grp. Inc. v. Rachmale (In re LTC Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2018
  5. Goldstein v. Wilmington Savings Fund Society, FSB (In re Universal Marketing, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2015

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