In 2024, the Supreme Court, in Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), held that the Bankruptcy Code does not authorize nonconsensual third-party releases in Chapter 11 reorganization ...
Recent SDNY cases support using opt-out procedures for third-party releases in Chapter 11, aligning with courts that see silence or inaction as consent under federal law. The Supreme Court’s Purdue ...
In the wake of the Supreme Court’s decision in Purdue Pharma that non-consensual third-party releases are impermissible under the Bankruptcy Code, bankruptcy courts across a multitude of jurisdictions ...
The U.S. Supreme Court’s 2024 decision in Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024) (Purdue Decision), held that the Bankruptcy Code does not authorize nonconsensual third-party releases ...
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