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Nondebtor Release Prohibition Act of 2021

USA117th CongressHR-4777| House 
| Updated: 11/3/2021
Jerrold Nadler

Jerrold Nadler

Democratic Representative

New York

Cosponsors (6)
David N. Cicilline (Democratic)Carolyn B. Maloney (Democratic)Peter A. DeFazio (Democratic)Mark DeSaulnier (Democratic)Raja Krishnamoorthi (Democratic)Katie Porter (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline
Jul 28, 2021

Latest Companion Bill Action

S 117-2497
Introduced in Senate
Jul 28, 2021
Introduced in House
Jul 28, 2021
Referred to the House Committee on the Judiciary.
Nov 3, 2021
Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 17.
Nov 3, 2021
Committee Consideration and Mark-up Session Held.
  • July 28, 2021

    Latest Companion Bill Action

    S 117-2497
    Introduced in Senate


  • July 28, 2021
    Introduced in House


  • July 28, 2021
    Referred to the House Committee on the Judiciary.


  • November 3, 2021
    Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 17.


  • November 3, 2021
    Committee Consideration and Mark-up Session Held.

Finance and Financial Sector

Related Bills

  • S 117-2497: Nondebtor Release Prohibition Act of 2021
BankruptcyCivil actions and liabilityCorporate finance and managementFederal appellate courtsJudicial review and appealsJurisdiction and venue

Nondebtor Release Prohibition Act of 2021

USA117th CongressHR-4777| House 
| Updated: 11/3/2021
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jul 28, 2021

Latest Companion Bill Action

S 117-2497
Introduced in Senate
Jul 28, 2021
Introduced in House
Jul 28, 2021
Referred to the House Committee on the Judiciary.
Nov 3, 2021
Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 17.
Nov 3, 2021
Committee Consideration and Mark-up Session Held.
  • July 28, 2021

    Latest Companion Bill Action

    S 117-2497
    Introduced in Senate


  • July 28, 2021
    Introduced in House


  • July 28, 2021
    Referred to the House Committee on the Judiciary.


  • November 3, 2021
    Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 17.


  • November 3, 2021
    Committee Consideration and Mark-up Session Held.
Jerrold Nadler

Jerrold Nadler

Democratic Representative

New York

Cosponsors (6)
David N. Cicilline (Democratic)Carolyn B. Maloney (Democratic)Peter A. DeFazio (Democratic)Mark DeSaulnier (Democratic)Raja Krishnamoorthi (Democratic)Katie Porter (Democratic)

Judiciary Committee

Finance and Financial Sector

Related Bills

  • S 117-2497: Nondebtor Release Prohibition Act of 2021
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
BankruptcyCivil actions and liabilityCorporate finance and managementFederal appellate courtsJudicial review and appealsJurisdiction and venue