Forum

U.S. Supreme Court

Case Status

Docket Number

Term

2023 Term

Oral Argument Date

December 04, 2023

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Questions Presented

Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent.

Case Updates

Supreme Court holds that outside the asbestos context, the Bankruptcy Code does not authorize courts to approve Chapter 11 reorganizations of bankrupt debtors that include nonconsensual releases of nondebtors’ claims against nondebtors

June 27, 2024

Opinion

U.S. Chamber files coalition amicus brief urging U.S. Supreme Court to recognize discretion of bankruptcy courts to issue third-party releases in appropriate cases

October 27, 2023

U.S. Chamber Coalition Amicus Brief

Robert E. Dunn of Eimer Stahl LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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