Govt. Claims/Sovereign Immunity

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.

Debtor’s Subchapter S Status Is Estate Property that an Owner Can’t Terminate

Bankruptcy Judge Russin declines to follow the Third Circuit and adopts the conclusion of bankruptcy courts holding that Sub S status is estate property.