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Published on 11/4/2022 in the Prospect News Distressed Debt Daily.

Diocese of Buffalo: Court adds another mediator to committee talks

By Sarah Lizee

Olympia, Wash., Nov. 4 – The Diocese of Buffalo and its official committee of unsecured creditors will have another mediator appointed to facilitate their discussions regarding a Chapter 11 plan, according to an order filed Friday with the U.S. Bankruptcy Court for the Western District of New York.

The parties reported that with the assistance of mediator judge Michael B. Kaplan, meaningful progress in the negotiations has been achieved. But the diocese and committee expressed the need for another mediator to assist in resolving issues of insurance coverage.

The diocese and committee disagreed on who should serve as supplemental mediator, however.

Ultimately, the court sided with the committee’s recommendation for judge Annette Rizzo to assist Kaplan in the negotiations.

The court said it gave no special weight to the experiences of either candidate, and found them both qualified, but said that if the committee has a reason to believe that a particular mediator is more likely to achieve a timely resolution, a reasonable degree of deference should be given to its recommendation.

The diocese filed Chapter 11 bankruptcy on Feb. 28, 2020 under case number 20-10322.


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