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In conjunction with the other provisions of the Bankruptcy Code that require a disclosure statement and plan to provide “adequate information” for a claim or interest holder to make an informed judgment about the plan, Section 1123(b)(3) effectively provides notice to creditors of retention and prospective enforcement of claims that may enlarge the estate’s assets for distribution.

The Liquidation Trustee is authorized, on behalf of the Liquidation Trust, to litigate claims under Chapter 5 of the Bankruptcy Code.

The Debtors filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code on January 15, 2015. The Plan became effective on December 31, 2015 (Docket No. The statutory deadline to file avoidance actions is on January 15, 2017, meaning additional actions could be filed.

Section 1123(b) (3) of the Bankruptcy Code facilitates the use of a liquidating trust for prompt administration of the estate by providing post-confirmation standing to an appointed representative of the estate to enforce claims and interests.

By establishing a liquidating trust pursuant to section 1123(b)(3) in a confirmed plan of reorganization or liquidation, a debtor can transfer causes of action and other assets to a trust, for future liquidation and distribution to the debtor’s creditors, and avoid delaying plan confirmation.

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Liquidating distributions, sometimes called liquidating dividends, are distributions you receive during a partial or complete liquidation of a corporation.