Jurisdiction(s):
United Kingdom

US Chapter 15 post‑Purdue: recognition and enforcement of foreign non‑consensual third‑party releases, comity and public policy (ss1507/1506), recent cases and cross‑border implications for UK restructurings

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

This Practice Note explores the implications of the US Supreme Court’s decision in Harrington v Purdue Pharma LP, 144 S.Ct. 2071 (2024), which struck down the availability of non‑consensual third‑party releases, for the recognition and enforcement of those releases in Chapter 15 proceedings. Although the Purdue ruling still bars such releases in US Chapter 11 matters, numerous foreign insolvency regimes authorise non‑consensual third‑party releases. Before Purdue, US bankruptcy courts in Chapter 15 routinely and consistently recognised and enforced foreign proceedings and plans containing non‑consensual releases (see Practice Note: US Chapter 15 overview). After Purdue, Chapter 15 courts have, in practice, largely continued this approach, where justified under sections 1521 and 1507 of the Bankruptcy Code, applying comity and Chapter 15’s objectives, though some courts have more closely reviewed efforts to broaden relief beyond what the foreign court approved. This Practice Note addresses these key points as follows:

overview of third‑party releases
availability of third‑party releases in Chapter 11 (see Practice Note: US Chapter 11 proceedings)
non‑consensual third‑party releases in Chapter 15

For general background on Chapter 15, see Practice Note: US Chapter 15 overview.

Overview of third-party releases

A third‑party release denotes a specific clause within a restructuring plan or...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Kelly DiBlasi , Esq.

Partner, Weil Gotshal & Manges LLP

Kelly DiBlasi is a partner in Weil's Restructuring Department, where she advises debtors, creditors, and equity interest holders across the full spectrum of domestic and international restructurings and crisis management, both in and out of court. Her practice encompasses Chapter 11 and Chapter 15 proceedings, cross-border insolvencies, out-of-court workouts, and distressed situations spanning a broad range of industries and jurisdictions.Kelly has represented clients in some of the most complex multi-jurisdictional restructurings in recent years, including the U.S. Chapter 15 cases of Casino Guichard-Perrachon, Norwegian Air Shuttle, and Unigel Participações, as well as the global reorganizations of Scandinavian Airlines and CHC Group, among many others. She also regularly represents creditors, financial institutions, and private equity sponsors in distressed situations, bringing a well-rounded perspective to every engagement.Kelly is recognized among Lawdragon’s 500 Leading Global Bankruptcy & Restructuring Lawyers and is listed in Who’s Who Legal:...

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...