Exploring The Limits Of A Ch. 11 Discharge

Law360, New York (November 20, 2012, 6:22 PM EST) -- We wrote a while back about the February 2012 bankruptcy court decision in In re Lear Corporation, which concluded that a nonbankruptcy forum was the correct place to adjudicate whether a post-bankruptcy antitrust claim against a reorganized debtor could take pre-bankruptcy conduct into account in calculating damages notwithstanding the bankruptcy discharge.

Lear appealed the bankruptcy court’s decision to the United States District Court for the Southern District of New York, which on Nov. 5, 2012, reversed and remanded in a Memorandum Opinion, concluding that it was...
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