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Partners Benjamin Loveland and George Shuster authored a chapter in the October issue of The American Bankruptcy Institute Journal, where they discuss the impact of the Supreme Court's ruling in Harrington v. Purdue Pharma LP on nonconsensual third-party releases in chapter 15 cases. They examine two recent decision within this lens and the developments that could still arise from this evolving area of case law.
Excerpt: "The U.S. Supreme Court's decision in Harrington v. Purdue Pharma LP has, in many respects, changed the landscape for nonconsensual third-party releases in chapter 11 cases. What effect, if any, has Purdue had on the viability of such releases in chapter 15 cases? As two recent decisions suggest, perhaps not much, and those decisions provide far more flexibility for non consensual third-party releases in chapter 15 than the Supreme Court allows in chapter 11."
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