GM Case Highlights Thorny Due Process, Bankruptcy Issues
Law360
March 5, 2015

Special counsel Ben Feder wrote the Law360 article “GM Case Highlights Thorny Due Process, Bankruptcy Issues” regarding the legal quandaries raised by the sale of the assets of bankrupt General Motors Corp. (Old GM) to a new entity, General Motors LLC (New GM), which was approved by Judge Robert Gerber. Following revelations that employees of Old GM knew and failed to report that there were defective ignition switches in cars manufactured prior to 2009, Judge Gerber, lawyers for New GM, the Old GM creditor trust, and the vehicle owner plaintiffs spent several months in 2014 identifying the legal issues that would need to be addressed. The hearing, which occurred in January 2015, concentrated on whether there had been a violation of the due process rights of the ignition switch plaintiffs and, if so, what the appropriate remedy should be.

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