Account

Sign in to access your account and subscription

Supreme Court Puts End to Prudential Barriers In Chapter 11 Appeals

The Supreme Court's holding ensures that insurers who have long been silenced in Chapter 11 proceedings will now be heard. It is also a shot across the bow for two other judge-made, atextual doctrines that bar consideration of the merits in Chapter 11 appeals.

5 minute read September 01, 2024 at 12:07 AM
By
David Casazza, Elizabeth Kiernan and Addison Bennett
Supreme Court Puts End to Prudential Barriers In Chapter 11 Appeals

For decades, insurers seeking to object in their insured's Chapter 11 reorganizations were blocked by the "insurance neutrality" doctrine, a prudential limitation that stopped courts from considering objections on the merits unless the insurer could show a confirmed plan "impair[ed] the insurer's pre-petition policy rights" or "'alter[ed] the quantum of liability'" it faced.

This premium content is locked for The Bankruptcy Strategist subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Bankruptcy Strategist

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

October 01, 2026