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S 2497 117th Congress Senate Finance and Financial Sector Bankruptcy Civil actions and liability Corporate finance and management Federal appellate courts Judicial review and appeals Jurisdiction and venue

Nondebtor Release Prohibition Act of 2021

Introduced: July 28, 2021 Introduced by: Warren, Elizabeth Democratic · Massachusetts See on congress.gov
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 28, 2021
Read twice and referred to the Committee on the Judiciary.
Jul 28, 2021
Introduced in Senate
 Plain-English summary Congressional Research Service

Nondebtor Release Prohibition Act of 2021

This bill addresses the release by bankruptcy courts of creditor or other third-party claims against non-debtors. Complex bankruptcies may involve third-party claims against non-debtors associated with the debtor, such as the debtor's officers, directors, or employees. Currently, in carrying out a bankruptcy plan, bankruptcy courts may release non-debtors from liability (there is a split in the judicial circuits regarding this practice).

The bill generally prohibits a bankruptcy court from (1) releasing or modifying a non-debtor's liability through the approval of a bankruptcy plan or through an order, or (2) enjoining a judicial proceeding or other act to collect or otherwise enforce such a claim or cause of action against a non-debtor. However, the bill provides for the release of such liability if express consent is given by the third party.

The bill also generally limits an order or decree to temporarily enjoin a proceeding against a non-debtor to 90 days.

Additionally, the bill gives appellate jurisdiction to the appropriate U.S. court of appeals regarding an order or decree to temporarily enjoin or stay a proceeding against a non-debtor in a Chapter 11 reorganization bankruptcy case. Currently, U.S. district courts have appellate jurisdiction for these matters.

Upon request of an interested party, and after notice and a hearing, the court shall dismiss a Chapter 11 reorganization bankruptcy case if the debtor was involved in certain restructuring activity that (1) had the intent or foreseeable effect of separating a debtor's assets from a debtor's liabilities and the debtor assuming or retaining such liabilities, and (2) occurred in the 10-year period prior to the filing of the bankruptcy petition.

What's happening now July 28, 2021

Read twice and referred to the Committee on the Judiciary.

 Committees of jurisdiction 1