U.S. Court of Appeals for the Second Circuit

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Case Updates

Second Circuit holds that nonconsensual third-party releases of direct claims against non-debtors are permitted under the Bankruptcy Code

May 30, 2023

Click here to view the opinion.

U.S. Chamber files coalition amicus brief in support of neither party

February 18, 2022

The U.S. Chamber filed a coalition amicus brief in support of no party, explaining that under Second Circuit precedent, the Bankruptcy Code, and the U.S. Constitution, bankruptcy courts have the legal authority to issue nonconsensual third-party releases of claims against non-debtors in circumstances where such releases are appropriate.

David H. Thompson, Brian W. Barnes, and John W. Tienken of Cooper & Kirk, PLLC and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents