Rejection of Non-Severability Provision and Third-Party Releases in Bankruptcy Cases

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This chapter discusses the rejection of a plan's non-severability provision and the use of third-party releases in bankruptcy cases, focusing on the Malincrad case. It highlights the judge's approval of both non-consensual third-party releases of opioid claims and consensual third-party releases of non-opioid claims, as well as the contrasting approaches of Judge McMahon and Judge Dorsey in bankruptcy cases.

Featuring: Peloton, AMC, Mallinckrodt and Surprise Medical Billing legislation. For this week’s Deep Dive, Reorg’s Mike Legge, Karen Leung and David Mayo join us to discuss the current state of play of third-party releases in bankruptcy, reviewing recent decisions in Purdue Pharma, Ascena Retail and Mallinckrodt, as well as reviewing the ongoing case of LTL Management and other “Texas two-step” bankruptcies. If you are not a Reorg subscriber, request access here: go.reorg-research.com/Podcast-Trial