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In this article, published in Law360, partners Walter H. Curchack and Vadim J. Rubinstein examine the decision In re Lower Bucks Hospital, et al., Case No. 10-10239 (Bankr. E.D. Pa. 2012). The holding in this case highlights the obstacles faced by an indenture trustee seeking to obtain, through a Chapter 11 plan, a third-party release from its bondholders.
This article was first published in the June 13, 2012 edition of Law360. Permission for article reprint has been granted.
Walter H. Curchack is the chair of Loeb & Loeb LLP's Bankruptcy, Restructuring and Creditors' Rights Department.
Vadim J. Rubinstein, also in the New York office, is a partner in the Bankruptcy, Restructuring and Creditors' Rights Department.