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Perspective

Sep. 12, 2012

Insurance neutrality and Chapter 11 reorganization plans

Earlier this year, the 9th Circuit handed down an eagerly anticipated decision examining whether a debtor's bankruptcy reorganization plan was "insurance neutral." By Damon Thayer and Zain Shirazi of Jenner & Block LLP


By Damon Thayer and Zain Shirazi


Earlier this year, the 9th U.S. Circuit Court of Appeals handed down an eagerly anticipated decision examining whether a debtor's bankruptcy reorganization plan was "insurance neutral." The court's decision in Motor Vehicle Casualty Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 671 F.3d 980 (9th Cir. 2012), came on the heels of a controversial en banc decision issued by the 3rd Circuit...

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