Re:Supreme Court blocks Purdue Pharma opioid settlement
by JumpCrisscross on Thursday June 27, 2024 @12:32PM
(#40812323)
> law surrounding Chapter 11 reorganisation plans only covers the relationships and responsibilities between debtors and creditors. It doesn't say anything about third parties
Yes it does. It covers third-party releases—there is ample precedent for that. The Court held this isn’t a release, but a discharge. (Idk.)
But it does include a term saying a plan "may" also "include any other appropriate provision not inconsistent with the applicable provisions of this title" - subject to the approval of a judge.
Applying the broadest possible interpretation of this catch-all wording would produce absurd results - a bankruptcy plan would be more powerful than the constitution itself. So courts have to figure out just how broad an interpretation to apply.