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No. 23-124October Term 2023Decided Jun 27, 2024

Docket 23-124October Term 2023 (2023–2024)

Harrington v. Purdue Pharma L.P.

The Supreme Court considered whether a bankruptcy court can approve a Chapter 11 reorganization plan that releases legal claims against non-debtor third parties, specifically the Sackler family owners of Purdue Pharma, without the consent of the claimants.

Case status

Current stage
Decided
Latest event
Decision released Jun 27, 2024
Case AcceptedAug 10, 2023
Arguments HeardDec 4, 2023
Decision ReleasedJun 27, 2024
What it's about

The Supreme Court considered whether a bankruptcy court can approve a Chapter 11 reorganization plan that releases legal claims against non-debtor third parties, specifically the Sackler family owners of Purdue Pharma, without the consent of the claimants. In a 5-4 decision, the Court held that the Bankruptcy Code does not authorize such nonconsensual third-party releases.

Question presented

Does the Bankruptcy Code authorize 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 non-debtors against non-debtor third parties, without the claimants’ consent?

Case path

United States Court of Appeals for the Second Circuit / Decision released Jun 27, 2024

Area

Decided Supreme Court case