HR 4777 · 117th Congress · Finance and Financial Sector
Nondebtor Release Prohibition Act of 2021
Bill Progress
✓
Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 17.(2021-11-03)
Plain Language Summary
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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-debt…
Summarized by Claude AI · Non-partisan · For informational purposes only
CBO Cost Estimate
Congressional Budget OfficeH.R. 4777, Nondebtor Release Prohibition Act of 2021
May 26, 2022As ordered reported by the House Committee on the Judiciary on November 3, 2021
Full CBO report ↗Official non-partisan budget analysis by the Congressional Budget Office