What is “Manifestly Contrary to the Public Policy of the United States” for Purposes of Transnational Insolvency? - featuring Professor Paul Lewis of University of Illinois Chicago School of Law
Room D
1111 East 60th Street, Chicago, Illinois 60637
Section 1506 of the United States Bankruptcy Code States: “Nothing in this chapter prevents the court from refusing to take an action governed by this chapter if the action would be manifestly contrary to the public policy of the United States.” This presentation will explore the meaning of this provision. Just over a year ago the United States Supreme Court decided one of the most prominent bankruptcy cases in recent years. The case, called Harrington v. Purdue Pharma, dealt with the bankruptcy of Purdue Pharma, the company that had manufactured and marketed the opioid OxyContin. The key question for the Court involved the legality of nonconsensual third-party releases in bankruptcy. The Supreme Court decided the case entirely on statutory grounds, leading to some interesting international insolvency implications.
Paul Lewis is Professor of Law and Director of the Center for International Law at the University of Illinois Chicago School of Law. He is a graduate of Northwestern University and Yale Law School. He speaks and publishes frequently in countries throughout Europe, as well as in the United States and Australia. His primary interests are in comparative commercial law and insolvency law.