News & Analysis as of

Chapter 15 Comity Purdue Pharma

Skadden, Arps, Slate, Meagher & Flom LLP

Nonconsensual Third-Party Releases Are Alive and Well in Chapter 15 Despite Purdue

- Who is impacted: Companies and organizations involved in cross-border insolvency proceedings, particularly those seeking to enforce or challenge nonconsensual third-party releases in the United States. - What is changing:...more

DLA Piper

The Long Way Around Purdue: Delaware and New York Courts Rule Nonconsensual Third-Party Releases Permissible Under Chapter 15

DLA Piper on

The US Bankruptcy Courts for the District of Delaware and the Southern District of New York recently issued decisions that (1) highlight the difference between relief available under chapter 11 and chapter 15 and (2) provide...more

Herbert Smith Freehills Kramer

Recent Chapter 15 Cases Show Potential for Non-Consensual Third-Party Releases Based Upon Foreign (Non-U.S.) Proceedings

Last year, the U.S. Supreme Court barred the use of nonconsensual third-party releases in Chapter 11 cases, holding that the Bankruptcy Code did not provide a basis to nonconsensually release claims against third parties...more

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