Alert 03.18.24
Use It or Lose It! Indemnification Rights May Not Be Asserted against a Post-Confirmation Liquidation Trust
The Fifth Circuit recently held that claims and defenses arising from an indemnification agreement with a debtor could not be asserted against a liquidation trust because the chapter 11 plan barred those claims and defenses, and the trust was not a successor-in-interest to the debtor.