Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

December 17, 2021

District Court Rejects Third-Party Releases, Overturns Confirmation of Purdue Pharma Plan

In a December 16, 2021, decision with potentially far-reaching implications, US District Court Judge Colleen McMahon, SDNY, rejected third-party releases benefitting the owners of Purdue Pharma and overturned US Bankruptcy Court Judge Robert D. Drain’s order confirming Purdue’s Chapter 11 plan.

While finding that “[t]he Bankruptcy Code does not authorize a bankruptcy court to order the non-consensual release of third-party claims against non-debtors in connection with the confirmation of a chapter 11 bankruptcy plan,” Judge McMahon recognized “… a long standing conflict among the Circuits that have ruled on the question….” 

Purdue has already stated that it will appeal Judge McMahon’s decision to the Second Circuit Court of Appeals, and with the conflict among the circuits identified in the decision, a subsequent petition for certiorari to the Supreme Court is a distinct possibility. 

While Judge McMahon’s decision in Purdue Pharma has limited precedential value outside the Southern District of New York, her comprehensive survey of the law in her 142-page decision provides a roadmap for those parties wishing to challenge third-party releases of direct claims against non-debtors. Chapter 11 plans featuring third-party releases include the proposed plan filed by the Boy Scouts of America and those plans often filed by Catholic dioceses.

Barclay Damon’s Restructuring, Bankruptcy & Creditors’ Rights Practice Area issues alerts on an ongoing basis to keep clients and friends up to date on important developments in the insolvency space. If you have any questions regarding the content of this alert, please contact Janice Grubin or Jeff Dove, co-chairs of the Restructuring, Bankruptcy & Creditors’ Rights Practice Area, at jgrubin@barclaydamon.com and jdove@barclaydamon.com, respectively, or Robert Wonneberger, partner, at rwonneberger@barclaydamon.com.

Featured Media

Alerts

The New York FY 2025 Budget – CDPAP FIs Under Threat

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Anderson, Beauchamp, Murray, Angeles, Monegro, and Bullock—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Updated Bulletin on Tracking Technologies in the Health Care Industry

Alerts

NYS Board of Regents Adopts Regulations on the Mental Health Diagnostic Privilege

Alerts

First Department Clarifies Pleading Requirements Under NYS Child Victims Act

Alerts

Beneficial Ownership Reporting Requirements Under the CTA: Quarterly Reminder

We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

Read More

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out