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Settlement › Supreme Court of the United States › Bankruptcy Code

A&O Shearman

Non-consensual releases in Boy Scouts chapter 11 plan survive despite Purdue Pharma ruling

A&O Shearman on

The Supreme Court’s landmark 2024 Purdue Pharma decision altered the landscape for bankruptcy releases and, in the process, put the resolutions of several other pending mass tort chapter 11 cases in question. A recent...more

Akerman LLP

Purdue Pharma Foretells a Troubled Future for Bar Orders

Akerman LLP on

In Harrington v. Purdue Pharma L.P., the Supreme Court held that the Bankruptcy Code does not authorize a bankruptcy court to grant a release and injunction that extinguishes direct claims against nondebtor third parties...more

Jones Day

Second Circuit: Settlement Allocating Value to Unsecured Creditors Without Paying Disputed Secured Claim Did Not Violate Supreme...

Jones Day on

In Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the U.S. Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions to creditors in a "structured dismissal" of a chapter...more

Herbert Smith Freehills Kramer

The Jevic Fallout: Settlement DENIED

Herbert Smith Freehills Kramer on

In one of the first of many cases to determine the scope of the Supreme Court’s recent decision in Jevic, the Bankruptcy Court for the Eastern District of Tennessee denied a proposed settlement by the Debtor that the court...more

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