Govt. Claims/Sovereign Immunity

No Condemnation When Government Takes Over Property to Prevent Public Injury

No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.

A Bankruptcy Case’s Effect on Matters Before at State Court

Feb 2024

Supreme Court Seems Dubious About Purdue’s Nonconsensual, Nondebtor Releases

At oral argument, the justices were focused on whether the word “appropriate” in Section 1123(b)(6) allows chapter 11 plans to include nonconsensual, nondebtor third-party releases.

Sub V Plan with Nondebtor Release Approved over Opposition from the Affected Class

A decision from a New York bankruptcy court makes nondebtor releases easier to obtain in Subchapter V than in large, mass tort chapter 11 cases.

Supreme Court Review: Recent Decisions and Their Potential Implications for Bankruptcy Lawyers

SCOTUS Update

Georgia Judge Approves a Chapter 11 Plan with Nonconsensual, Nondebtor Releases

Although the Supreme Court will soon rule on the permissibility of nonconsensual releases, Bankruptcy Judge Sigler approved a plan with nondebtor releases under existing Eleventh Circuit precedent.