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Expert Analysis

GM Litigation Raises Difficult Bankruptcy Questions

Law360, New York (September 3, 2014, 5:34 PM EDT) -- General Motors LLC ("new GM") came into being in the summer of 2009, when it acquired substantially all of the assets of General Motors Corp. ("old GM") in a sale undertaken pursuant to Section 363 of the Bankruptcy Code. The July 2009 sale order approved by U.S. Bankruptcy Judge Robert Gerber transferred the assets to new GM "free and clear" of claims against old GM (other than a narrow range of expressly assumed liabilities), and contained an express injunction to prevent old GM creditors from proceeding against new GM....

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