Future Claims, Mass Torts, Channeling Injunctions and Nonconsensual Releases in Chapter 11 Plans

This panel discusses the arrangements for compensating tort victims whose claims may not have become fully ripe as of the petition date, with an eye toward recent decisions involving channeling injunctions and nonconsensual third-party releases. Courts and judges are split on exactly what constitutes “consent”: whether creditors are deemed to have given consent by voting in favor of (or not voting against) a plan, or whenever they must take the affirmative action of “opting in.”