The U.S. Supreme Court does not like the Bankruptcy Code. It never has. Two examples are:
Key Points
Mass torts and resulting litigation are a reality of life in these United States.
But one of the truly shocking things about mass tort litigation, in recent times, is this:
- judicial delays override the wishes of mass tort victims for prompt payment of negotiated amounts.
A current example of such delays is the Boy Scouts confirmed bankruptcy plan.
Chronology
Here is a short Chronology of the Boy Scouts bankruptcy plan—and the lapse of more than three years since confirmation without a final resolution:
The Uniform Law Commission (“ULC”) is the same organization that brought us the Uniform Commercial Code, the Uniform Trust Code, and other “Uniform” state laws.
The ULC is now offering a Uniform Assignment for Benefit of Creditors Act (the “Uniform ABC Act”).
The new Uniform ABC Act codifies the common law of ABCs. Such common law has its foundation in the law of trusts: i.e., debtor is the trustor, assignee is the trustee, and debtor’s creditors are the beneficiaries.
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The Supreme Court of New South Wales has clarified the circumstances in which a liquidator may recover deposit funds paid to a third party and the extent to which a counterparty may rely on the good-faith defence under section 588FG of the Corporations Act 2001 (Cth).
Before the US Supreme Court’s landmark decision in Purdue Pharma,1 it had become common practice for Chapter 11 debtors to include a consensual or nonconsensual non-debtor third-party release in their plans of reorganization.
The University of Georgia, through the University’s athletic association (UGAA), is seeking damages totaling $390,000 against a former football player, Damon Wilson II, after he elected to transfer to Missouri following the 2024 season. The demand stems from a clause in Wilson’s NIL contract that required him to forfeit the balance of his agreement if he transferred to another school.