Great Debates

Resolved: Bankruptcy courts do not have the authority to approve nonconsensual releases of direct claims held by third parties against nondebtors as part of a chapter 11 plan or reorganization.

Pro: Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
Con: Marshall S. Huebner
Davis Polk & Wardwell LLP; New York

Resolved: Trustee requests of debtors for documents and information beyond that already required by the Code and Rules should not be routinely undertaken, but instead should be limited to inquiries suggested by issues arising in specific cases.

Pro: Tiffany L. Carroll
Office of the U.S. Trustee; San Diego
Con: Gary R. Stickell
Gary R. Stickell, Attorney at Law; Phoenix

Resolved: The Seventh Circuit was wrong in Sheehan v. Breccia Unlimited Co. (In re Sheehan), 21-2946 (7th Cir. Sept. 9, 2022), when it barred U.S. bankruptcy courts from stopping foreign creditors from taking action against a debtor’s assets abroad when the U.S. court has no general or specific personal jurisdiction over the creditors.

Pro: Hon. Christopher S. Sontchi (ret.)
Delaware ADR; Hockessin, Del.
Con: Hon. David R. Jones
U.S. Bankruptcy Court (S.D. Tex.); Houston