SC SJ Holdings, LLC, et al. v. Pillsbury Winthrop Shaw Pittman, LLP
1. Whether a non-consensual third-party release of debtors' attorneys for malpractice claims is valid under a Chapter 11 plan even though debtors' attorneys did not advise or inform debtors of the scope of the release or obtain the debtors' informed consent?
2. Whether a bankruptcy plan may include a release of and exculpate debtors' attorneys from existing or prospective malpractice claims without the debtors' informed consent?
3. Whether Fed. R. Civ. P. 60 and Fed. R. Bankr. P. 9024 permit a court to grant debtors relief from a non-consensual third-party release of malpractice claims against debtors' attorneys contained in a confirmed and substantially consummated Chapter 11 plan?
Whether a non-consensual third-party release of debtors' attorneys for malpractice claims is enforceable when included in a confirmed Chapter 11 plan even though debtors' attorneys did not advise or inform debtors of the scope of the release or obtain the debtors' informed consent?