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Chapter 11 Announced - Part 9 - Confirmation Hearing


Eagle1993

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Seemed to be going well until right now.  Judge seems to see some issues that BSA insurance counsel cannot defend well.  Basically, non settling insurers are saying yes you can transfer the policies but that comes with the benefits and burdens.  It is really a debate around language in the plan.  It may require some clarifications in the plan.  BSA doesn't disagree ... sounds like it is just working through proper language.

Judge never entered in order (That she recalls) that assigns a contract & also by the way here is a bunch of stuff about it.  Basically, she wants to say the trust is assigned the rights.  She is concerned there is professions touching on post assignment and she doesn't do that.  If there are issues with insurance honoring their contract ... take it to state court.  Judge is working through this out loud as there could be some mechanics about payment of claims.  

I don't see this as a roadblock, more like a speed bump.  She doesn't seem to agree with how it is written today.  4:30 eastern ... still hopeful arguments close today.

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