Alerts7.17.24

Restructuring and Bankruptcy Developments: The Supreme Court’s 2023-24 Term

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Highlights

Long-anticipated U.S. Supreme Court decision in Purdue Pharma shakes up the scope of bankruptcy releases

Insurers get increased ability to participate in bankruptcy cases

Overpayment of bankruptcy fees is not refundable to Chapter 11 debtors

 

The U.S. Supreme Court’s recently concluded 2023-2024 term included three decisions interpreting various aspects of the U.S. Bankruptcy Code, including the much-anticipated decision in Harrington v. Purdue Pharma, L.P., which is likely to shape the scope of Chapter 11 plans of reorganization significantly. A summary of each of these decisions, and their likely effect going forward, is below.

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