Good News Everyone!

I did not expect this, but has just stayed Purdue Pharm's bankruptcy.  More specifically, it will rule on the bankruptcy discharging liability for the Sackler family as a part of this deal.

Good.

I did not expect this, but it seems to me that if corporations are people, then the bankruptcy of a corporation should not discharge any obligations of any other person. 

It is only in federal bankruptcy courts in certain districts, such as the one where Purdue relocated to just prior to their bankruptcy extend bankruptcy to right owners and it seems to me that SCOTUS would have not placed a stay on the bankruptcy unless there was significant sentiment on the court for reversing the decision of the lower court: (On edit: See Cory Doctorow here detailing how they "Moved" to White Plains, New York to get one of the 3 corrupt bankruptcy judges favored by big companies declaring bankruptcy*)

The Supreme Court blocked Purdue Pharma’s $6 billion settlement of opioid lawsuits against its Sackler family owners, agreeing to hear the Justice Department’s claim that the drugmaker’s bankruptcy plan improperly wipes out potential liability to additional parties for allegedly fueling the opioid addiction crisis.

The justices, by taking up the case and preventing Purdue from carrying out the settlement during the appeal, ensured that a sizable chunk of tens of billions of dollars pledged by the pharmaceutical industry to combat the opioid crisis will be delayed—or not paid at all. But the move eventually could open the door for parties who balked at the deal to win additional compensation.

The court’s review also will extend the long, costly litigation alleging that drug manufacturers, distributors and pharmacies oversupplied painkillers as opioid addiction grew into an epidemic.

The legal uncertainty also will continue for the Sacklers, who sought to use Purdue’s chapter 11 proceedings to resolve opioid lawsuits aimed at holding them responsible for the costs of addiction and clawing back distributions they received from the closely held manufacturer before its bankruptcy.

The idea that owners should not be liable for a company's debts is at the core of modern finance and bankruptcy law, and I generally support this, particularly for mere shareholders, though I think that it is carried to far in recent years

The difference here is the Sacklers were not just owners.  Members of the Sackler family ran the company, and this firm to aggressively pursue addiction and misuse of Oxycontin because it increased their profits.

They are criminals, and even those who just won the birth lottery and did not participate in the management of the company knew where their money came from.

I'm not optimistic about a Billy Ray Valentine scenario,^† but at the very least, the Sackler family, have to be sh%$ting their pants right now.

^*Here is the important quote:

Three judges – David Jones and Marvin Isgur of Houston and Bob Drain of New York – hear 96% of the country's large corporate bankruptcies:

https://www.creditslips.org/creditslips/2021/05/judge-shopping-in-bankruptcy.html

These judges are unbelievably horny for corporations, embracing a legal theory "that casts the invention of the limited liability corporation alongside that of the steam engine as a paradigmatic development in the pursuit of prosperity":

https://prospect.org/justice/how-do-you-solve-a-problem-like-the-sacklers-purdue-pharma-bankruptcy/

Now there are more than three bankruptcy judges in America, so how do the nation's biggest companies get their cases heard by these three enthusiastic Renfields for corporate vampirism?

They cheat.

For example: when GM was facing bankruptcy, it argued that it was a New York company on the basis that it owned a single Chevy dealership in Harlem, and got in front of Judge Drain.

The Sacklers were – characteristically – even more brazen. They really wanted to get their case in front of Judge Drain, the nation's most enthusiastic supporter of "third party releases," through which bankrupt billionaires can wipe the slate clean, securing dismissals of all claims by the people they wronged.

Drain is also uniquely hostile to independent examiners, "an independent third-party appointed by the court to investigate 'fraud, dishonesty, incompetence, misconduct, mismanagement, or irregularity…by current or former management of the debtor."

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3851339

If you're the Sacklers, hoping to keep two thirds of your billions and extinguish all claims by your victims, there is no better helpmeet than Judge Robert Drain of the Southern District of New York. So, 192 days before filing for bankruptcy, the Sacklers opened an office in White Plains, New York (a company may claim jurisdiction in a specific court once they've operated a business there for 180 days).

Then they filed a bankruptcy in which they altered the metadata on their casefile, inserting the code for a Westchester county hearing into the machine-readable, human-invisible parts of the documents they uploaded to the federal Case Management/Electronic Case Files (CM/ECF) system (they also captioned the case with "RDD, for "Robert D Drain").

They chose their judge, and the judge obliged. UCLA Law's Lynn LoPucki is one of the leading scholars of these bankruptcy "megacases," and has written extensively on why these three judges are so deferential to corporate criminals seeking to flense themselves of culpability. She sees judges like Drain motivated by "personal aggrandizement and celebrity and ability to indirectly channel to the local bankruptcy bar. The judge is the star and the ringmaster of a megacase – very appealing to certain personalities."

Thus, these judges are "willing and eager to cater to debtors to attract business…[an] assurance to debtors that…these judges will not transfer out cases with improper venue or rule against the debtor…"

https://www.fulcrum.org/concern/monographs/02870w66d

^†It comes from the movie Trading Places, "You know, it occurs to me that the best way you hurt rich people is by turning them into poor people."