Supreme Court Reshapes Future of Bankruptcy Practices with Landmark Ruling on Non-Debtor Releases

Washington, D.C. – In a landmark decision, the Supreme Court has established a significant precedent regarding the scope of bankruptcy protections, particularly impacting the release of non-debtors without the explicit consent of claimants. The ruling could reshape many aspects of Chapter 11 bankruptcy proceedings and has broad implications for future cases involving mass tort litigation. The majority, a five-justice panel, contended against the minority of four justices, focusing on whether it is proper to grant releases to non-debtors who haven’t sought creditor approval. Historically, bankruptcy discharge—that is, the release from obligation to pay—has been reserved … Read more

Purdue Pharma Bankruptcy Case: Supreme Court to Decide on Nondebtor Releases, Shaping Future of Chapter 11 Practice

Indianapolis, Indiana: The US Supreme Court is set to hear arguments in December in a case involving Purdue Pharma, the pharmaceutical company accused of contributing to the opioid epidemic. The central issue at stake is whether the Bankruptcy Code permits a Chapter 11 plan to provide releases to nondebtor third parties without their consent. This case has garnered significant attention from the public and bankruptcy professionals alike, as it has the potential to bring about significant changes in Chapter 11 bankruptcy practice. Purdue Pharma and its affiliates filed for Chapter 11 bankruptcy in the Bankruptcy … Read more