Can a plaintiff bring a claim for damages against non-debtor third parties in bankruptcy proceedings?

"New York", United States of America

The following excerpt is from Sutton 58 Assocs. LLC v. Pilevsky, 140 N.Y.S.3d 897, 164 N.E.3d 984, 36 N.Y.3d 297 (N.Y. 2020):

Significantly, plaintiff seeks to sue non-debtor third parties for alleged wrongful conduct that occurred prior to, and separate from, the bankruptcy proceedings. The Bankruptcy Code, however, is overwhelmingly concerned with the debtor's estate. Bankruptcy law and, in particular, chapter 11 bankruptcy, aims to "permit[ ] business debtors to reorganize and restructure their debts in order to revive the debtors' businesses" and "maximiz[e] the value of the bankruptcy estate" ( Toibb v. Radloff, 501 U.S. 157, 163, 111 S.Ct. 2197, 115 L.Ed.2d 145 [1991] ). The accomplishment of these purposes relies upon the proper composition and allocation of the debtor's estate. Consequently, federal courts have "exclusive jurisdiction ... of all the property, wherever located, of the

[36 N.Y.3d 311]

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