United States Second Circuit

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In re Motors Liquidation Co., 15-2844

In an appeal of a Bankruptcy Court judgment enforcing a 'free and clear' provision of a sale order to enjoin claims against a debtor's successor corporation and concluding under the equitable mootness doctrine that assets of the debtor's unsecured creditors' trust would be protected from late‐filed claims, the Bankruptcy Court's judgment is: 1) affirmed as the decision not to enforce the Sale Order as to the independent claims; 2) reversed insofar as it enforced the Sale Order to enjoin claims relating to the ignition switch defect; 3) vacated insofar as it enjoined claims based in non‐ignition switch defects; and 4) vacated as to the decision on equitable mootness as advisory.

Appellate Information

  • Decided
  • Published 2016/07/13


  • CHIN


  • United States Second Circuit