Bankruptcy Law
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United States v. Miller
decided March 26, 2025 A provision of the federal Bankruptcy Code, 11 U.S.C. §106(a)(1), waives the federal government’s “sovereign immunity” from lawsuits that can be brought against it under the Bankruptcy Code, including lawsuits brought against the government under 11 U.S.C. §544. A subsection of Section 544 reads as follows: [T]he trustee may avoid any Continue reading
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HARRINGTON, U.S. TRUSTEE V. PURDUE PHARMA, U.S. Sup. Ct. Slip Op. of June 27, 2024
The Court’s Ruling: The catch-all provision Section 1123(b)(6) of the federal Bankruptcy Code (11 U.S.C. § 1123(b)(6)), which allows Bankruptcy Courts to approve “any other appropriate provision” in a corporate reorganization plan for a bankrupt debtor, does not authorize the approval of a plan, and a concomitant judgment, that will relieve non-bankrupt debtors of their Continue reading
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