judge silverstein delaware

For now, it is only a matter of time until we find out whether these important and contentious issues ultimately will be resolved by our nations highest court or perhaps through federal legislation. Meet the Newest Pick for the Delaware Bankruptcy Bench - WSJ Filed by Blank Rome LLP. The Plan provided 100% payment of all or substantially all Abuse Claims; The Plan provided for a timely assessment and payment of Abuse Claims and equal treatment across claimants under the Trust Distribution Procedures; The Scouting-Related Releases were consistent with how claimants historically brought and settled claims; The Plan was accepted by over 85% of the class consisting of 82,209 Direct Abuse Claimants, which the Bankruptcy Court found represented an overwhelming acceptance; Without the Plan, litigation would result in either claimants racing to the courthouse or a BSA-only bankruptcy plan yielding a pennies-only recovery; and. 2 In re Mallinckrodt PLC., Case No. To accomplish its mission, BSA relies on 250 Local Councils5 and tens of thousands Chartered Organizations6 to operate individual scout units at a local level. They argued that the procedures for distributing funds to abuse claimants would violate their contractual rights to contest claims, set a dangerous precedent for mass tort litigation, and result in grossly inflated payments of abuse claims, including those that would otherwise be barred by the passage of time. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Another Delaware Bankruptcy Court Approves Third-Party Releases and Opt-Out Mechanisms Amidst Disagreements with Other Circuits, https://www.velaw.com/insights/in-re-mallinckrodt-plc-delaware-bankruptcy-court-approves-non-consensual-third-party-releases-in-contrast-to-purdue-and-ascena/, https://www.velaw.com/insights/in-re-purdue-pharma-l-p-s-d-n-y-holds-bankruptcy-court-lacks-statutory-authority-to-approve-sackler-family-releases/, https://www.velaw.com/insights/district-court-in-virginia-continues-questioning-of-third-party-releases-at-least-in-the-absence-of-detailed-findings-of-necessity/. . Because ultimately, your success is our success. General Information; Chief Judge Laurie Selber Silverstein; Judge John T. Dorsey; Judge Craig T. Goldblatt; Judge Thomas M. Horan; Judge Karen B. Owens; However, the uncertainty as to whether third-party releases are constitutionally and statutorily authorized brings unpredictability and ambiguity to settlements and deal-making. wholly inapplicable). 1123(b)(6). The case presented Silverstein with one of the most contentious issues for bankruptcy judges whether third parties that are not bankruptcy debtors themselves can escape future liability by contributing to a Chapter 11 debtors reorganization plan. The size of the claimant pool is also unprecedented (so I am told), at least in the context of sexual abuse cases. S.D.N.Y. Judges' Info | District of Delaware | United States When it filed for bankruptcy, the BSA faced about 275 filed lawsuits and was aware of roughly another 1,400 potential cases, but more than 82,200 abuse claims were filed in the bankruptcy. . 15-10226. Resort Llc. Objections to the Third-Party Releases: The Scouting-Related Releases were challenged by certain claimants and the United States Trustee (UST), who argued that: (1) the Bankruptcy Court lacked subject matter jurisdiction to approve third-party releases and (2) the Scouting-Related Releases were not fair and necessary as required by Third Circuit precedent set forth in In re Continental.9 Certain claimants also objected to the third-party release of the Church of Jesus Christ of the Latter-Day Saints (the TCJC), arguing that releases for claims against the TCJC that were independent of abuse within the scouting ranks should not be approved. Nearly a decade ago, attorney Laurie Selber Silverstein played a role in naming four new judges to sit on the Delaware bankruptcy bar in the largest expansion of the courts history. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [Ongoing] Read Latest COVID-19 Guidance, All Aspects, [Hot Topic] Environmental, Social & Governance. The Plan provides for a timely assessment and payment of Direct Abuse Claims and equal treatment across claimants who will be assessed under the Trust Distribution Procedures. Get Insights Delivered Straight to Your Inbox. 5 Local Councils have jurisdiction over a set geographical area within the United States, and each is a separate, independent non-profit entity organized under applicable state law, but consistent with BSAs Bylaws and Rules and Regulations. 4Opt-Out Lenders, No.16-00100 [Dkt..48, p.22-23]. V&E Restructuring & Reorganization Update. Chief Judge Laurie Selber Silverstein | District of WebThe Bankruptcy Court judge overseeing the case is Judge Laurie Selber Silverstein. U.S. Sens. Chamber procedures for each judge and communication with the Court can be accessed through their individual links. Filed by Archer & Greiner, P.C.. Judge Silverstein concluded that the Scouting-Related Releases (excluding TCJC releases described below) satisfied the In re Continental standard because they were fair and necessary to the reorganization. On July 29, 2022, Laurie S. Silverstein, Chief Judge of the Bankruptcy Court for the District of Delaware (the Bankruptcy Court), issued an opinion on confirmation of the chapter 11 plan (the Plan) of the Boy Scouts of America (BSA).1 Significantly, Judge Silverstein approved major components of the Plan, including most of its third-party releases, consistent with other bankruptcy courts in the Third Circuit most recently In re Mallinckrodt2 but in conflict with recent decisions rendered in United States District Courts in the Southern District of New York (In re Purdue)3 (currently on appeal) and the Eastern District of Virginia (In re Ascena).4. 2015) (finding that bankruptcy court had constitutional authority to resolve ownership dispute with respect to two debtors subject of involuntary proceedings and that Stern was a narrow holding . Trustee's Office that creditors who voted to accept the plan did (Docket Nos. Andrews will take on senior status with the court this December, which will mark over 12 years on the bench. Millennium Lab Holdings II, LLC and its affiliates (collectively, Millennium) provided laboratory-based diagnostic testing services, and sought relief under chapter 11 of the Bankruptcy Code on November 10, 2015. D. Del. She pointed out that the releases were the cornerstone of the Plan, which was premised on funding the Settlement Trust in full. Law Commissions final report on digital assets: Whats new? 252, 287 n.160 (Bankr. The Bankruptcy Court concluded that approval of the Scouting-Related Releases was permissible under Bankruptcy Code 105(a),11 1123(a)(5),12 and 1123(b)(6)13 and explained that because such approval is neither expressly authorized under, nor inconsistent with other provisions of, the Bankruptcy Code, In re Continental serves as an [aid to] the court in navigating between these two poles.14. However, no holder of a Claim in an Impaired Class under the Plan will be deemed to release claims to the extent such holder abstained from voting. On November 20, 2020, Delaware Bankruptcy Court Judge, Laurie S. Silverstein, denied a fee application requesting over $232,000 in fees incurred by Young Holds Bankruptcy Court Lacks Statutory Authority to Approve Sackler Family Releases, VELaw.com (Dec. 28, 2021), https://www.velaw.com/insights/in-re-purdue-pharma-l-p-s-d-n-y-holds-bankruptcy-court-lacks-statutory-authority-to-approve-sackler-family-releases/. Feb. 03, 2022). 2009)). 5The District Court held that the Bankruptcy Court properly found that it had subject matter jurisdiction to enter the confirmation order because the released claims involved contractual indemnification obligations that could affect the Millennium debtors. . The plan proponents appealed that decision to the Second Circuit, which held oral argument on the matter on April 29, 2022. The bulk of the compensation fund would come from the BSAs two largest insurers, Century Indemnity and The Hartford, which reached settlements calling for them to contribute $800 million and $787 million, respectively. 10316]. Opt-Out Releases: The Bankruptcy Court sustained in part and overruled in part the USTs objections regarding Opt-Out Releases. Under both of these interpretations, then, my constitutional analysis stops. Opinion at 27-28. Judge Silversteins jurisdictional analysis highlights another split among courts whether a bankruptcy court has constitutional authority to approve third-party releases on a final basis. She invited the Boy Scouts to request a status conference in the case. . Frustrated judge tells BSA bankruptcy lawyers to work harder DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Appointed. The Plan provides that Releasing Claim Holders release all Released Parties from any claims existing before the Effective Date of the Plan related to the Debtors, their estates, or assets. We are committed to working with all constituents to make the necessary changes required by the ruling to drive this process forward and we remain optimistic about securing approval of a final plan as soon as possible, the statement reads. The UST objected to the Opt-Out Releases and argued that the opt-out procedure did not result in consensual releases and violated due process rights. Millennium filed a pre-packaged joint plan of reorganization (the Plan) that proposed a restructuring of the companys $1.7 billion term loan, and a settlement between Millennium and certain federal and state agencies to resolve numerous claims in exchange for a payment of approximately $256 million. There is no calendar scheduled for this day, Omnibus Objection to Claims -- Seventh Omnibus Objection (Substantive) of Committee Liquidating Trustee to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, (III) Overstated Claims, (IV) No Liability Claims, and (V) Late-Filed Claims. (Attachments: # 1 Notice # 2 Exhibit A # 3 Exhibit B # 4 Certificate of Service) (Tarr, Stanley), Interim Application for Compensation (Seventh Interim) for SOLIC Capital Advisors, LLC and SOLIC Capital, LLC, Other Professional, period: 11/1/2022 to 4/30/2023, fee: .00, expenses: .00. Fla. 2011) (finding that a bankruptcy judge has constitutional adjudicatory authority to impose creditor suggested lock up restrictions on the reorganized debtors business operations and non-debtor guarantors assets as condition to confirming plan containing third party releases; lock up restrictions were an integral part of the order confirming the plan and confirmation of a plan is core); (ii) In re Catholic Bishop of N. Alaska, 525 B.R. 524(e). Without the Plan, litigation would result in either a race to the courthouse by claimants or a BSA-only bankruptcy plan resulting in a pennies-only recovery. However, no holder of an impaired claim would be deemed to release claims to the extent they abstained from voting. D. Del. 21Opinion at 27([i]n this matter, the operative proceeding for purposes of a constitutional analysis is confirmation of a plan.). Finally, she noted that the Plan, supported by the Scouting-Related Releases, would minimize BSAs involvement and permit it to focus on its mission. In her ruling, the judge disallowed an agreement to grant one of the largest sponsoring 767, 772 (Bankr. The central features of the Plan relate to the establishment of a settlement trust (the Settlement Trust) with certain assets contributed to it for the benefit of Abuse Claim holders.8. 105(a). She found the releases were the cornerstone of the Plan, premised on funding the Settlement Trust in full, and that they afforded the claimants quick and definitive access to insurance assets worth up to at least another $4 billion. Background: BSA is a nationally-recognized nonprofit organization that relies on 250 Local Councils5 and tens of thousands of Chartered Organizations6 to operate individual scout units at a local level. Distribution and use of this material are governed by Judge orders deeper probe into where thousands of Boy Scouts 930, 937-38 (Bankr. 19 See supra nn. (Attachments: # 1 Notice # 2 Exhibit A # 3 Proposed Form of Order # 4 Certificate of Service) (Tarr, Stanley), Application/Motion to Employ/Retain GB Collects LLC as Accounts Receivable Collection Agents, Retention under 11 U.S.C. Objections due by 6/23/2023. Moreover, the releases made possible the inclusion in the trust of insurance assets worth up to another $4 billion plus, which could be accessed more quickly and definitively than without the Plan. Hall currently a magistrate judge at the District Court will have to be confirmed by the U.S. Senate later this year to officially take the vacancy, along with three other District Court nominees announced Wednesday. (Attachments: # 1 Exhibit A # 2 Proposed Form of Order # 3 Notice) (Niederman, Seth), Adversary proceeding: 23-50373-LSSAllerand Capital, LLC v. Miller, Chapter 7 Trustee, Order Scheduling Omnibus Hearings. Allen & Overy LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. In return, those entities would receive liability releases shielding them from future lawsuits over Scouting-related abuse. Appeal of the Plan Confirmation Order and Remand. Additionally, the undisputed evidence showed that without the releases for Local Councils and Chartered Organizations, BSA would likely suffer a drop in membership resulting in a drop in revenue, putting into question BSAs ability to continue as a national organization. The judge also refused to make several findings demanded by the Boy Scouts and a group of abuse claimants called the Coalition of Abused Scouts for Justice as required precedents before a plan can be confirmed. Further, to crystalize their RICO and common law fraud claims, the Opt-Out Lenders filed a complaint against the Non-Debtor Equity Holders in the District Court (the RICO Lawsuit). Filed by Kidde-Fenwal, Inc.. Prior to BSA filing its bankruptcy cases, BSA, Local Councils, and Chartered Organizations were named co-defendants in hundreds of lawsuits by certain plaintiffs alleging sexual abuse within the scouting ranks (Abuse Claims) since at least 1920. She received her law degree from the University of Pennsylvania in 2006. 1:18. include any other appropriate provision not inconsistent with the applicable provisions of this title. 11 U.S.C. E.D. For additional information about what the BSA hopes to achieve through the chapter 11 process, what the BSA is doing to support survivors and how the BSA protects the youth in its programs today, please visit BSArestructuring.org. Wilmington, DE 19801 Filed by Miller Coffey Tate LLP. 25Id. Wade However, as to the categories of persons related to releasing parties that are also purported to be providing releases, the Bankruptcy Court agreed with the UST and declined to find that such related parties received notice and thus did not approve the Opt-Out Releases as to those related parties. WebJudge Ashely M. Chan Judicial Opinions Telephonic Hearings Chapter 7 Hearing Dates Home Judges' Info Information about the United States Bankruptcy Judges for the at 215-16. Hearing scheduled for 7/6/2023 at 10:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom Wilmington, Delaware. The Plan provided that Releasing Claim Holders released all Released Parties from any claims existing before the Effective Date of the Plan related to the Debtors, their estates, or assets. Generally speaking, Chartered Organizations provide facilities for scout meetings and other infrastructure at the local level as well as provide assistance with selecting troop leaders and volunteers. Courts refusing to approve such releases do so on grounds that the Bankruptcy Code does not expressly authorize them and 524(e)18 expressly prohibits the discharge of debts of non-debtors. D. Del. The BSA issued a statement saying it was pleased that Silverstein overruled most of the objections to confirmation of its plan. (Jones, Scott), Notice of Rescheduled Hearing // Omnibus Notice of Adjournment of Motion of Debtor for Entry of Interim and Final Orders (I) Authorizing the Debtor to (A) Continue to Operate its Cash Management System, (B) Pay or Honor Certain Prepetition Obligations Related Thereto and (C) Maintain its Bank Accounts and Existing Business Forms, (II) Authorizing Affiliate Transactions and (III) Granting Related Relief Hearing Originally Scheduled for June 23, 2023 has been rescheduled. 1123(a)(5). 16 Notwithstanding any otherwise applicable nonbankruptcy law, a plan shall . Feb. 23, 2012) (WaMu). In 2022, Gregory B. Williams was nominated and approved, becoming Delawares second Black federal judge. Accordingly, the lenders argued that the Bankruptcy Court did not have the constitutional authority to confirm the Plan with the Releases.19, The Bankruptcy Court began its Opinion with a discussion of bankruptcy court jurisdiction and reasoned that there has never been any doubt with respect to the constitutional authority of a bankruptcy court to confirm a plan of reorganization.20 The Bankruptcy Court next considered whether it had the constitutional authority to enter a final order confirming the Plan with the Releases.21In doing so, the Bankruptcy Court rejected the Opt-Out Lenders Stern analysis and argument that the focus of the analysis should be on the RICO Lawsuit. (Rogers Churchill, Sophie), HEARING CANCELLED. From 20172019, BSA spent more than $150 million on fees and costs in addressing such Abuse Claims. June 25, 2021). The Plans Releases: In the Opinion, Judge Silverstein addressed the appropriateness of the following third-party releases of non-debtors contained in the Plan: (1)releases by holders of Abuse Claims relating to scouting against Local Councils, Chartered Organizations, Settling Insurance Companies, and their respective Representatives (the Scouting-Related Releases) and (2)broad releases by holders of claims against all Released Parties from any claims existing before the Effective Date of the Plan related to the Debtors or their estates or assets, whereby certain holders of claims were given an opportunity to opt-out of the third-party releases on ballots (if in a voting class) or by objecting to the Plan (if in a non-voting class) (the Opt-Out Releases). .css-16c7pto-SnippetSignInLink{-webkit-text-decoration:underline;text-decoration:underline;cursor:pointer;}Sign In, Copyright 2023 Dow Jones & Company, Inc. All Rights Reserved, Sign up for Ballard Designs text alerts and get 25% Off, Buy Home Depot kitchenware for up to 30% off, Save up to $15 with TurboTax coupon May 2023, Get a $50 reward card using this AT&T promo code. 20-10343-LSS, 2022 WL 3030138 (Bankr. Directory | American College of Bankruptcy . 11 U.S.C. 2012); Hart v. S Heritage Bank (In re Hart), 564 F. Appx 773 (6th Cir. Opinion at 34. WebJudges' Info. The Bankruptcy Courts decision is based on fundamental principles of bankruptcy court jurisdiction and how such jurisdiction does not preclude bankruptcy courts from ordering relief, including non-consensual third party releases that could adversely affect, and even preclude, a partys otherwise valid non-bankruptcy right. v. Highland Cap. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. . The amount contributed to the Settlement Trust is the also unprecedented (so I am told).15. Delaware A ruling is expected soon in a bankruptcy case involving Sept. 9, 2014). Courts that authorize consent mechanisms amounting to less than affirmative express consent generally do so where the record demonstrates that sufficient notice of the releases has been given and parties have had ample opportunity to opt-out or object (just as Judge Silverstein found in BSA).26. Judge silverstein: Live Updates : Vimarsana.com (Attachments: # 1 Exhibit A - Time # 2 Exhibit B - Expenses # 3 Exhibit C - Declaration # 4 Proposed Form of Order # 5 Notice # 6 Certificate of Service # 7 Service List) (Hall, Bryan), Interim Application for Compensation (Seventh Interim) for Blank Rome LLP, Special Counsel, period: 11/1/2022 to 4/30/2023, fee: .00, expenses: .86. The central features are based on the establishment of a settlement trust (the Settlement Trust) with certain trust assets to be contributed to it for the benefit of holders of Abuse Claims.8. 24 See Opinion at n. 416 (citing In re Millennium Lab Holdings II, LLC, 575 B.R. Roadways to the Bench: Who Me? 18 [A] discharge of a debt of the debtor does not affect the liability of any other entity on, or the property of any other entity for, such debt. 11 U.S.C. 302-252-2925. 711 (Bankr. The Opinion, at note 139, cites other reported decisions in which courts have held that a bankruptcy judge has constitutional adjudicatory authority post-Stern to issue an order in a core proceeding that impacts state law claims including: (i) In re Safety Harbor Resort and Spa, 456 B.R. GOODWYN: The ruling by Delaware Judge Laurie Selber Silverstein will probably be soon. The District Court for the Southern District of New York in the Second Circuit and the District Court in the Eastern District of Virginia in the Fourth Circuit have invalidated third-party releases on grounds that bankruptcy courts lack constitutional and/or statutory authority to approve them.19 Despite those rulings, Delaware bankruptcy courts in the Third Circuit20 (along with the majority of circuits) continue to approve third-party releases when unique facts and circumstances justify their approval.21. Hearing scheduled for 6/30/2023 at 11:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom Wilmington, Delaware. In addition, survivors testified that the inclusion of negotiated Youth Protections in the Plan was a critical piece of bringing them justice and obtaining their approval of the Plan. Few now have explained that as thoroughly as Bankruptcy Judge Laurie Selber Silverstein. The Millennium Lab Holdings II decision supports a narrow reading of Stern and stays true to Chief Justice Roberts remark that the Supreme Courts decision in Stern did not change all that much when it comes to bankruptcy court constitutional authority. (Rogers Churchill, Sophie) 2017)). Oil & Gas Producers $15 Million DIP OK'd Amid Creditor Outcry Build a Morning News Digest: Easy, Custom Content, Free! It is worth mentioning, however, that the Supreme Court could take up the issue or Congress could intervene to bring uniformity across the circuits on the issue of third-party releases. While Judge Silverstein approved major components of the Plan, she neither confirmed nor denied confirmation of the Plan. While Judge Silverstein approved major components of the Plan, she neither confirmed nor denied confirmation of the Plan. The issue of third-party releases is a significant, and often central, issue for all constituencies involved in a case. . 11 U.S.C. Pet Chain Gets Ch. 11 Plan OK'd With Warning On Releases 2012) (Walsh, J. 2011), vacated in part, No. However, it would permit the disposition of a non-debtor third-party claim if (a) such party expressly consents in writing after clear and conspicuous notice of the proposed disposition in language appropriate for the typical holder of such a claim, (b) with such consent not to be given by (i)acceptance of a proposed plan or (ii) failing to accept or reject a proposed plan, or failing to object to a plan or any other silence or inaction, and (c) the treatment of such entity and any of their claims under a plan cannot be more or less favorable due to such consent or failure to consent. Comparatively, the actual number of parties objecting is few. The Scouting-Related Releases are consistent with the way claimants historically sued and settled claims with BSA as a group. 105(a), for Entry of an Order (I) Authorizing Pachulski Stang Ziehl & Jones LLP to Transfer Data Base to the Settlement Trustee and (II) Granting Related Relief Filed by Pachulski Stang Ziehl & Jones LLP. I have concerns about the DIP financing, Judge Silverstein said. University of Delaware, B.S., cum laude (1982) The National Law Center of The George Silverstein also ruled that a committee of abuse claimants attorneys who would advise the trustee overseeing the victims compensation fund will have no consent or veto rights over procedures developed by the trustee, a retired federal judge, to ferret out fraudulent claims. . WebJudges' Info. Despite another recent decision from a Delaware bankruptcy court approving third-party releases, lack of uniformity on the issue still persists, given the conflicting case law in the District Court for the Southern District of New York (presently on appeal in the Second Circuit) and the District Court in the Eastern District of Virginia in the Fourth Circuit, where both courts invalidated third-party releases by putting into question the constitutional and/or statutory authority that bankruptcy courts have to approve such releases. Another Delaware Bankruptcy Court Approves Third-Party The judge noted that the settlement includes liability releases for non-Scouting abuse claims and stretches third-party releases too far.. http://blogs.wsj.com/bankruptcy/2014/10/20/meet-the-newest-pick-for-the-delaware-bankruptcy-bench/. OFFICER CONVICTED:The evidence and new video behind a rare excessive force conviction for police in Delaware. provide adequate means for the plans implementation . M.D. 626, 644 (Bankr. . Third-party releases are frequently contentious because third parties demanding such releases can shed their own independent liabilities in exchange for financial contributions that lead to case resolutions. The Bankruptcy Court found that confirmation of a plan is not a state or common law claim of any type, nor does it have a state or common law analogue.24Confirmation of a plan instead depends on the Bankruptcy Courts application of, and determination under, federal bankruptcy law. Navigating Creditor on Creditor Violence: The New Normal? On September 8, 2022, incorporating modifications consistent with the Opinion, Judge Silverstein entered her Supplemental Findings of Fact and Conclusions of Law and Order Confirming the Third Modified Fifth Amended Chapter 11 Plan of Reorganization (with Technical Modifications) for Boy Scouts of America and Delaware BSA, LLC [D.I. (Jones, Scott). Debtors also seek releases (full or partial) of 250 Local Councils and over 100,000 Chartered Organizations. Tex. Specifically, it would find that because the Plan involved a settlement global in natureproviding for, among other things, the allowance of claims necessarily conditioned on the Releasesand because the Opt-Out Lenders were provided with an allowed claim pursuant to the Plan, the RICO Lawsuit was necessarily resolved in the claims allowance process. 11 The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. provide adequate means for the plans implementation . Jurisdiction: Judge Silverstein found she had arising in jurisdiction over Plan confirmation and related to jurisdiction to approve the third-party releases due to the high degree of interrelatedness, and thus identity of interest, between the Debtors and the released parties. You can also access archived news and announcements from this page. Delawares District Court has a new nominee, President Joe Biden and the White House revealed Wednesday. . U.S. Bankruptcy Judge Laurie Selber Silverstein in Wilmington, Delaware told lawyers for the Boy Scouts, its insurers and groups of survivors during a hearing on 723, 730 (D. Alaska 2015) (over Stern objection, holding that bankruptcy judge had authority to determine state law adverse possession property rights in context of non-debtor/purchasers motion to enforce 363 sale order because it was necessary for the proper administration of the bankruptcy estate); In re Owner Mgmt. Thats why we make it our business to know yours. She found abundant evidence in the record that holders of claims received sufficient notice of the proposed releases, which were prominently featured on the face of the ballot as well as in the disclosure statement among other places, including in widely disseminated published notices. Significantly, the Opinion clarifies the bounds of bankruptcy court authority which has been distorted following Stern.
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