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H.R. 2096 (117th): SACKLER Act

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The text of the bill below is as of Mar 19, 2021 (Introduced). The bill was not enacted into law.

I

117th CONGRESS

1st Session

H. R. 2096

IN THE HOUSE OF REPRESENTATIVES

March 19, 2021

(for herself and Mr. DeSaulnier) introduced the following bill; which was referred to the Committee on the Judiciary

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.

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.

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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