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Second Circuit Picks a Side in Non-Consensual Third-Party Releases in Highly Anticipated Purdue Opinion

Introduction

Non-consensual third-party releases are provisions in reorganization plans that release non-debtor parties from liability to other non-debtor parties without the consent of all potential claimholders. These releases are frequently included in chapter 11 plans of reorganization. Most circuit courts allow these releases under certain circumstances; however, there is a split among circuit courts as to whether such non-consensual third-party releases are permitted by the Bankruptcy Code.

USA, Insolvency & Restructuring, Litigation, A&O Shearman, Bankruptcy, Second Circuit, US District Court for the Southern District of New York, U.S. Court of Appeals
Ninth Circuit Rules that the solvent debtor exception is alive and well in pg&e

Introduction

USA, Insolvency & Restructuring, Litigation, A&O Shearman, Ninth Circuit
Supreme Court holds oral argument in Schwab v. Reilly: analyzing a trustee’s duty to object to a facially valid exemption to avoid the risk that an undervalued asset be deemed “fully exempt”?

United States Supreme Court

Washington, D.C.

November 3, 2009

USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Tax exemption, Bankruptcy, Debtor, Statutory interpretation, Interest, Consideration, Trustee, Supreme Court of the United States, United States bankruptcy court, Third Circuit