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‘LightSquared’: Defining the Permissible Boundaries of Plan Injunctions
Jordan A. Wishnew and Erica J. Richards of Morrison & Foerster write: As one of the few published cases to address the permissible scope of plan injunctions, ‘LightSquared’ provides valuable guidance for implementing nonstandard injunctions through a Chapter 11 plan. Among other things, bankruptcy practitioners must develop and establish an evidentiary record to support the necessity of the injunction and should ensure that the language of the injunction is precisely tailored to address specific potential harms to the estates or the reorganized debtors.
