National Heritage Foundation v. Behrmann, No. 13-1608 (4th Cir. 2014)
Annotate this CaseThe district court affirmed the bankruptcy court's ruling that the non-debtor release provision in NHF's Chapter 11 reorganization plan was unenforceable. The court concluded that NHF has failed to demonstrate that it faces exceptional circumstances justifying the enforcement of the Release Provision in its Reorganization Plan. NHF failed to make the necessary showing to support the risk of donor litigation, nor has it carried its broader burden of justifying the non-debtor release of its Reorganization Plan.
The court issued a subsequent related opinion or order on July 25, 2014.
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