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Purdue Ruling May Expand Chapter 11 Nondebtor Release Use

Original: Post-Purdue Ruling Could Invite More Sub V Nondebtor Stays

A recent Supreme Court ruling rejecting the broad nondebtor releases in the Purdue Pharma bankruptcy is prompting debate in restructuring circles. Commentators suggest the decision could push debtors toward subchapter V of Chapter 11, where smaller businesses may retain more flexibility to impose nonconsensual releases on third parties. Attorneys warn this shift could invite increased use of subchapter V filings specifically to preserve third-party discharge protections.

Why now: The Supreme Court's Purdue Pharma decision is reshaping how companies pursue bankruptcy releases, driving discussion of workarounds via subchapter V.

Purdue PharmaUS Supreme CourtSubchapter V

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