[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2472 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2472
To prohibit the non-consensual release of claims by States,
municipalities, federally recognized Tribes, or the United States
against non-debtors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2021
Mr. Blumenthal (for himself and Ms. Warren) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
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A BILL
To prohibit the non-consensual release of claims by States,
municipalities, federally recognized Tribes, or the United States
against non-debtors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop shielding Assets from Corporate
Known Liability by Eliminating non-debtor Releases Act'' or the
``SACKLER Act''.
SEC. 2. NON-DEBTOR RELEASES.
(a) Prohibition on Certain Non-Debtor Releases.--Section 105(b) of
title 11, United States Code, is amended by striking ``a court may
not'' and all that follows, and inserting the following: ``a court may
not--
``(1) appoint a receiver in a case under this title; or
``(2) except as provided by section 524(g) of this title,
enjoin or release a claim against a non-debtor by a State,
municipality, federally recognized Tribe, or the United
States.''.
(b) Temporary Stay on Actions Against Non-Debtors.--Section 105 of
title 11, United States Code, is amended by adding at the end the
following:
``(e) Notwithstanding subsection (b)(2), a court may issue an order
staying, for a period not to exceed 90 days, the commencement or
continuation, including the issuance or employment of process, of a
judicial, administrative, or other action or proceeding by a State,
municipality, federally recognized Tribe, or the United States against
a non-debtor that was or could have been commenced before the
commencement of the case under this title, or to recover a claim
against a non-debtor that arose before the commencement of the case
under this title.''.
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