Jacob T Beiswenger

February 23, 2023 | New York Law Journal

In this installment, the authors evaluate 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 to the U.S. Constitution; and whether bankruptcy courts have constitutional authority to issue final orders granting third-party releases in a plan of reorganization under Stern v. Marshall.

By John J. Rapisardi and Jacob T. Beiswenger

17 minute read

May 26, 2022 | New York Law Journal

This two-part article will examine the role of third-party releases in successful Chapter 11 reorganizations. This installment will address the factors considered in each Circuit where such releases have been deemed permissible within the confines of the Bankruptcy Code, evaluate several recent cases highlighting the uncertainty created by the current Circuit split, and consider options for creating a clear, nationwide standard.

By John J. Rapisardi and Jacob T. Beiswenger

14 minute read