Judge Robert Gerber ruled last week that General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from a substantial portion of the lawsuits based on ignition switch
Continue Reading Judge Protects GM Against Most, But Not All, Ignition Switch Claims
Due Process
Is GM Shielded From Ignition Switch Defect Liability? Hearing Highlights Thorny Due Process and Bankruptcy Issues
By Ben Feder on
Posted in Distressed M&A
Judge Robert Gerber will be stepping down at the end of this year, ending a storied judicial career highlighted by his oversight of the 2009 chapter 11 case of General Motors Corporation (“Old GM”). In one of the most frenetic…
Continue Reading Is GM Shielded From Ignition Switch Defect Liability? Hearing Highlights Thorny Due Process and Bankruptcy Issues
No Easy Road – GM Ignition Switch Litigation Raises Difficult Bankruptcy-Related Questions
By Ben Feder on
Posted in Distressed M&A
General Motors LLC (“New GM”) came into being in the summer of 2009, when it acquired substantially all of the assets of General Motors Corporation (“Old GM”) in a sale undertaken pursuant to section 363 of the Bankruptcy Code. The …
Continue Reading No Easy Road – GM Ignition Switch Litigation Raises Difficult Bankruptcy-Related Questions
When Does a “Claim” Arise? Third Circuit Overrules Frenville Test
The Third Circuit Court of Appeals issued an en banc opinion (pdf) today in which it overruled the Frenville standard for determining the existence of a "claim" for purposes of Section 101(5) of the Bankruptcy Code.
The decision, In re Grossman’s…
Continue Reading When Does a “Claim” Arise? Third Circuit Overrules Frenville Test