MacArthur Co. v. Johns-Manville Corp.

holding that a FERC-approved settlement need not assure just and reasonable rates | affirming district court's order approving settlement between debtor and insurers and enjoining all future suits against insurers relating to settled policies | affirming district court’s order approving settlement between debtor and insurers and enjoining all future suit against insurers relating to settled policies | channeling of claims to proceeds consistent with intent of sale free and clear under § 363(f) | channeling of claims to proceeds consistent with intent of sale free and clear under § 363(f) | affirming district court’s order approving settlement between debtor and insurers and enjoining all future suits against insurers relating to settled policies | This case involved an asbestos class action. The court based its ruling upon the bankruptcy court’s equitable power under 11 U.S.C. § 105(a | “It is well established that a bankruptcy court has jurisdiction over all of the property of the debtor’s estate, wherever located.” | insurance policies are ''inseparable” from the claims base and well within the bankruptcy court's jurisdiction over the debt- or's assets. | permanent injunction protected insurance company from suits as part of a settlement wherein insurer contributed large sums of money to fund plan and pay claimants | [“section 105(a) ... permits the Bankruptcy Court to ‘issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title’” | substantive due process violation when governmental regulation affecting property is arbitrary, irrational, or tainted by improper motive | “[t]his provision [§ 105(a) ] has been construed liberally to enjoin suits that might impede the reorganization process” | owner denied permit after completing three phases in development of housing project | liberal construction of court’s power to enjoin suits that “might impede reorganization process” | liberal construction of court’s power to enjoin suits that might impede reorganization process | upholding channeling injunction barring suits against debt- or’s insurance companies | personal animosity toward political opponents