Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    GM’s Ignition Switch Litigation Woes Continue
    2016-08-09

    “Just when I thought I was out…they pull me back in.” That must be what GM’s executives (and counsel) were thinking when the Second Circuit handed down its recent decision overturning portions of the 2015 Bankruptcy Court decision that could have immunized the “New GM” from “Old GM’s” liability related to the ignition switch recall of 2014. The decision also calls into question the 2009 sale order as a potential violation of the victims’ due process rights.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Husch Blackwell LLP, Bankruptcy, Debtor, Injunction, Class action, Discovery, Due process, General Motors, US Code, Second Circuit, United States bankruptcy court
    Authors:
    Shannon D. Peters
    Location:
    USA
    Firm:
    Husch Blackwell LLP
    Losing Both Ways: Debtor Diligence in the Identification of Claims
    2016-08-03

    Two recent cases serve as reminders the devil is truly in the details.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Fiduciary, Liability (financial accounting), Liquidation, Subject-matter jurisdiction, General Motors, Second Circuit, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    James Maloney
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    The Second Circuit Articulates Standard For Determining Scope of Free and Clear Sale Provision and Highlights Procedural Due Process Concerns That Bear on Enforcement
    2016-07-26

    The United States Court of Appeals for the Second Circuit recently articulated a standard to determine what claims may be barred against a purchaser of assets "free and clear" of claims pursuant to section 363(f) of the Bankruptcy Code and highlighted procedural due process concerns with respect to enforcement.1  The decision arose out of litigation regarding certain defects, including the well-known "ignition switch defect," affecting certain GM vehicles.  GM's successor (which acquired GM's assets in a section 363 sale in 2009) asserted that a "free and clear" provisi

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, General Motors, Second Circuit, United States bankruptcy court
    Authors:
    Jacob A Adlerstein , Brian S. Hermann , Andrew N. Rosenberg , Kelley A. Cornish , Alan W Kornberg , Jeffrey D. Saferstein
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Inadequate Notice Limits “Free and Clear” Sales in Bankruptcy
    2016-07-26

    Recently, the United States Court of Appeals for the Second Circuit entered a decision in the General Motors bankruptcy case that found an exception to the “free and clear” language of Section 363(f) of the Bankruptcy Code2 where adequate notice of the sale order is not provided.3 However, the exception may not be far reaching due to the “peculiar” facts of the case.

    Factual Background and Lower Court Decision

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Bankruptcy, General Motors, Second Circuit
    Authors:
    Hanna Lahr
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Are Buyers of Assets Acquired from Debtors in Section 363 Bankruptcy Sales Protected from Debtors’ Product Liability Claims?
    2016-07-27

    Second Circuit Court of Appeals Decision in GM Cases Casts a Shadow Over Whether Section 363 Sale Orders Insulate Buyers from Debtors’ Product Liability Claims.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Paul Hastings LLP, Bankruptcy, Debtor, Liability (financial accounting), General Motors, Title 11 of the US Code
    Authors:
    Luc A. Despins , Chris Dickerson , Matthew M. Murphy , Leslie A. Plaskon , Andrew V. Tenzer , Marc J. Carmel
    Location:
    USA
    Firm:
    Paul Hastings LLP
    Second Circuit: “Free and Clear” Asset Sale in GM Bankruptcy Does Not Shield GM from Liability for Pre-Sale Ignition Switch Defects
    2016-07-21

    In 2009, General Motors (“Old GM”) commenced a chapter 11 case and sold the bulk of its business and assets to a new entity (“New GM”) “free and clear” of liabilities against New GM. Notwithstanding the “free and clear” language of the 2009 sale order (the “Sale Order”), a Second Circuit panel recently held that plaintiffs could assert claims against New GM over faulty ignition switches in cars manufactured by Old GM and recalled in early 2014.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, Bankruptcy, Debtor, General Motors, Title 11 of the US Code, Second Circuit
    Authors:
    George P. Angelich , Manuel G. Arreaza
    Location:
    USA
    Firm:
    ArentFox Schiff
    The Second Circuit’s General Motors Decision Defines Limits To “Free And Clear” Sales
    2016-07-14

    Last week, the Second Circuit Court of Appeals reversed a bankruptcy court order barring tort claims for product defects against the purchaser of General Motors’ (“Old GM”) assets.  The purchaser (“New GM”) had purchased Old GM’s assets “free and clear” in Old GM’s 2009 bankruptcy case under section 363 of the Bankruptcy Code.  The Second Circuit’s ruling is certainly a victory for the plaintiffs who are seeking damages for personal injuries arising o

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, General Motors
    Authors:
    Aaron A. Boschee
    Location:
    USA
    Firm:
    Squire Patton Boggs
    General Motors: Protection Granted in Section 363 Sale Orders is Only as Good as the Notice Given
    2016-07-18

    In a recent decision by the U.S. Court of Appeals for the Second Circuit in the General Motors case, the court held certain claimants were not afforded procedural due process with respect to the § 363 sale of General Motor Corporation’s assets in the bankruptcy case. As a result, the assets were not sold free and clear of these claims, and these claimants may now seek recovery against New GM.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, General Motors, Second Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Plaintiffs with pre-existing products claims against automaker cannot disturb bankruptcy sale
    2010-04-29

    federal court in New York has dismissed as moot an appeal filed by plaintiffs with products liability claims pending against General Motors Corp. (GM) before it was sold in bankruptcy. In re: Motors Liquidation Co., No. 09 Civ. 6818 (U.S. Dist. Ct., S.D.N.Y., decided April 13, 2010). The plaintiffs sought to overturn a bankruptcy court’s approval of the automaker’s sale “free and clear” of their existing products liability claims as well as any successor liability claims they may have against the “new” GM.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Shook Hardy & Bacon LLP, Bankruptcy, Unsecured debt, Liquidation, Good faith, Involuntary dismissal, General Motors, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Greg Fowler
    Location:
    USA
    Firm:
    Shook Hardy & Bacon LLP
    Auto injury plaintiffs to appeal ruling affirming GM bankruptcy sale free of existing claims
    2010-05-27

    Product liability claimants who lost their right to recover from General Motors LLC (GM) when that company’s assets were sold in bankruptcy have reportedly filed a notice of their intent to file an appeal to the Second Circuit Court of Appeals.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Shook Hardy & Bacon LLP, Bankruptcy, Limited liability company, General Motors, United States bankruptcy court
    Authors:
    Greg Fowler
    Location:
    USA
    Firm:
    Shook Hardy & Bacon LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Current page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days