Lindsey Simon
profsimon.bsky.social
Lindsey Simon
@profsimon.bsky.social
Associate Prof. at Emory Law, focusing on bankruptcy, commercial law, and procedure.
Ultimately, the court concludes that prolonging bankruptcy churn (and further delaying stayed claimants) with a patently uncomfortable plan is not in the best interest of any involved. With one final nudge toward an out-of-court deal, the court turns the case away.
April 1, 2025 at 12:07 AM
As to dismissal, the court is very careful to distinguish this case from LTL's two-part journey through New Jersey. Importantly, it finds that filing a case like this is not in bad faith, and resolving mass tort claims serves a valid bankruptcy purpose. 👀
April 1, 2025 at 12:07 AM
Additionally, the court denied confirmation due to inclusion of non-consensual, non-debtor releases. In the first opinion I've seen addressing this point, the court rejected the debtor's claim that this is a "full pay" case that is saved under SCOTUS's opinion in Purdue Pharma.
April 1, 2025 at 12:07 AM
The court looks at voting/solicitation issues, challenges with non-consensual non-debtor releases, divisional merger complications, and more.

"This case is different."
April 1, 2025 at 12:07 AM