In re Seaside Engineering & Surveying, Inc: Eleventh Circuit Approves Non-consensual Third-party Releases in Chapter 11 Plan | Practical Law
The US Court of Appeals for the Eleventh Circuit, in SE Property Holdings, LLC v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.), adopted the majority view that non-consensual third-party releases are permissible in bankruptcy, if they are fair and equitable under all the facts and circumstances, necessary for the success of the reorganization and satisfy the seven-factor test set forth by the US Court of Appeals for the Sixth Circuit in In re Dow Corning.