Pre-Petition Agreements Are Enforceable in Chapter 11

• Courts divided on enforceability of pre-petition waivers and restrictions • Debtor wants to ignore binding effect of confirmation order

Waivers approved in Chapter 11 are binding and enforceable when a debtor files bankruptcy a second time, the U.S. Bankruptcy Court for the District of Massachusetts held.

The creditor is entitled to obtain relief from the automatic stay, Judge Joan N. Feeney wrote April 13.

Courts are divided as to the enforceability of pre-petition waivers of and restrictions on bankruptcy relief even if they are in court-approved agreements, the court said.

A. Hirsch Realty, LLC owns and manages a commercial ...