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Re: boarddork post# 314685

Tuesday, 06/28/2011 12:43:30 PM

Tuesday, June 28, 2011 12:43:30 PM

Post# of 730273
I like this part on page 6:

If parties cannot rely on the good faith judgment of well represented debtors in making any
necessary “cleansing” disclosures, they will decline to participate in confidentiality agreements –
to the detriment of the central chapter 11 goal of fostering consensual resolutions.
This practice
has been used to attempt to negotiate settlements among parties in countless bankruptcy cases for
decades. Rejecting it would undermine the ability to negotiate settlements in major bankruptcies
– including, for example, the current Lehman Brothers cases, where Weil Gotshal, as debtors’
counsel, has used a similar mechanism to foster negotiations among the major constituencies. A
judicial rejection of this procedure would have the gravest of consequences.



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