MONTH-IN-BRIEF (Oct 2023)
Supreme Court to Hear Three Bankruptcy Cases This Term
By Yifan Cui
The Supreme Court has granted certiorari to hear three bankruptcy cases in the 2023–24 term, addressing issues from whether the Purdue Pharma Chapter 11 plan confirmation and the third-party releases of the Sackler family should be revisited, to technical but substantial questions about the remedy for violations of the constitutional requirement of the uniform application of bankruptcy laws, to the question of who has standing to object to a debtor’s proposed Chapter 11 plan. The Court’s decisions in each of these cases could have far-reaching implications within and outside the context of bankruptcy law.
On August 10, 2023, the Supreme Court granted certiorari to review the Second Circuit’s decision in Harrington v. Purdue Pharma LP, Case No. 23-124 (Sup. Ct). The Court also granted a stay of the decision below, so that Purdue Pharma’s confirmed Chapter 11 plan is presently on hold.