FOLLOW US

Wed

July 14, 2026

America October 17, 2023 3 mins read

Delaware Bankruptcy Judge to Reject Lordstown Motors Corp.’s Chapter 11 Sale

America ı By Rochdi Rais

0 Comments

Delaware Bankruptcy Judge to Reject Lordstown Motors Corp.'s Chapter 11 Sale

In a high-stakes legal showdown, the U.S. government has implored a Delaware bankruptcy judge to reject Lordstown Motors Corp.'s Chapter 11 sale, citing grave concerns regarding the protection of the buyer from government liabilities associated with electric truck recalls.

The U.S. has raised a red flag, asserting that the proposed sale order seeks to insulate LAS Capital and its majority equity holder, Stephen Burns, from any future government-related liabilities. The core of the dispute revolves around whether bankruptcy proceedings can serve as a shield against unforeseen recall obligations.

Unyielding Government Opposition

The U.S. vehemently opposed Lordstown's proposed sale order, emphasizing that electric trucks produced by the company currently face recall issues and may encounter more in the future. The U.S. underscored that bankruptcy proceedings must not become a convenient loophole for buyers to evade future government liabilities. It firmly argued that "future recall obligations cannot be subject to a sale of free and clear of interests because such obligations are completely unknown and depend entirely on the fortuity of future occurrences."

Lordstown's Rocky Journey

Lordstown Motors Corp., an Ohio-based electric-truck manufacturer, initiated Chapter 11 proceedings in June with debts ranging from $100 million to $500 million. The company's tumultuous journey includes an attempt to sell its assets and seek billions in damages from Taiwanese tech manufacturer Foxconn EV Technology Inc., alleging a failure to honor a promised partnership.

The Current Sale Proposal

Lordstown now contemplates a potential sale in which LAS Capital and Stephen Burns would acquire assets integral to Lordstown's electric vehicle production for commercial fleets, in exchange for $10 million. However, the objection posits that this sale order suggests LAS and Burns may transition into manufacturers themselves using the assets obtained.

Safety Act Concerns

Manufacturers fall under the purview of the National Highway Traffic Safety Administration (NHTSA), which sets safety standards and mandates recalls under the National Traffic and Motor Vehicle Safety Act. Notably, Lordstown currently grapples with three recalls concerning a line of electric pickup trucks. The U.S. warns that more recalls may loom on the horizon post-sale.

The Battle Against Bankruptcy Code Section 363

Despite the provisions of U.S. Bankruptcy Code Section 363 allowing asset sales free and clear of preexisting liens, the U.S. steadfastly maintains that a sale order should not be an escape route from abiding by Safety Act requirements. The buyer must remain subject to these requirements, irrespective of the sale's terms.

Legal Wrangling Over Sale Terms

The U.S. government has not minced words in its objections to the sale order. It has criticized the order for unduly narrowing the window for appeals, making the sale effective immediately upon entry, and waiving certain stays. The order also extends the limits of Bankruptcy Code Section 525 by attempting to obligate government agencies to uphold and renew licenses, permits, or related obligations tied to the purchased assets, irrespective of the bankruptcy or sale.

U.S. Pushes for Resolution

The U.S. has proposed language in September to address these concerns within the sale terms and an additional objection related to mutual releases. However, Lordstown's reluctance to incorporate this proposed language in its original form has led to this protracted legal battle.

No Response from Lordstown

As of now, there has been no response from lawyers representing Lordstown.

The U.S. Trustee's Office and the National Highway Traffic Safety Administration have refrained from commenting on the matter, while the U.S. Department of Justice remains silent in response to inquiries.

Previous Article

NHTSA Hits Zipcar with Historic Fine for Safety Violations

Read More
2757 Posts

Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
Breaking News July 12, 2026
Graham Senate Seat Triggers Political Scramble
By – Michallie Harrison
America July 12, 2026
two killed in Toronto After Deadly street festival shooting
By – Rihem Akkouche
America July 12, 2026
Elephant Fire burns 4500 acres in Sierra County
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 11, 2026
Oregon Withdraws Court Motion in Paramount-Warner…

Oregon blinked — but it did not back down. The…

By – Rihem Akkouche
America July 11, 2026
1 dead After fire at Davis…

A Saturday morning that began like any other in South…

By – Rihem Akkouche
America July 11, 2026
Apple Sues OpenAI Over Trade Secrets…

The partnership that placed ChatGPT inside hundreds of millions of…

By – Rihem Akkouche
America July 11, 2026
NYT Air Force One Subpoena Targets…

They came on a Friday evening, to the homes of…

By – Rihem Akkouche
America July 11, 2026
Gordie Howe Bridge to Open on…

Named for a hockey legend who won four Stanley Cups…

By – Rihem Akkouche
America July 11, 2026
Teen Football Player’s Death on Uninhabited…

Christine and Elmore Wonsley are not sleeping. They cannot. A…

By – Rihem Akkouche
America July 11, 2026
Teen Football Player’s Death on Uninhabited…

Christine and Elmore Wonsley are not sleeping. They cannot. A…

By – Rihem Akkouche
America July 11, 2026
Hundreds Of People at Summer Camp…

The water came faster than the roads could handle and…

By – Rihem Akkouche
America July 11, 2026
UFC Event Allegedly Targeted in White…

WASHINGTON, D.C. — A historic UFC Event held on the…

By – Jackie Allen
America July 10, 2026
Russia Sanctions Bill Gains BiPartisan as…

WASHINGTON, D.C. — Russia Sanctions legislation moved closer to becoming…

By – Jackie Allen
America July 10, 2026
Manhattanhenge 2026: Final Summer Sunset Alignment…

NEW YORK — Manhattanhenge is making its final appearance of…

By – Jackie Allen
America July 10, 2026
Jared Isaacman Says NASA Has Unexplained…

WASHINGTON, D.C. — Jared Isaacman, the administrator of NASA, says…

By – Jackie Allen
America July 10, 2026
Jared Isaacman Says NASA Has Unexplained…

WASHINGTON, D.C. — Jared Isaacman, the administrator of NASA, says…

By – Jackie Allen
America July 9, 2026
Erika Kirk Seeks Public Release of…

Erika Kirk, the widow of Turning Point USA co-founder Charlie…

By – Jackie Allen
America July 9, 2026
Bonnie Tyler Remembered as Legendary Welsh…

Bonnie Tyler, the Welsh singer whose unmistakable raspy voice powered…

By – Jackie Allen
America July 9, 2026
Assault on Iran Escalates as U.S.…

The Assault on Iran intensified after the United States launched…

By – Jackie Allen
America July 9, 2026
Broadcom Deal: Apple Commits More Than…

Apple is dramatically expanding its investment in American semiconductor manufacturing…

By – Jackie Allen
America July 8, 2026
Arranged Marriage Ends in Tragedy: Amazon…

An Arranged Marriage that began in the summer of 2025…

By – Jackie Allen
America July 8, 2026
Forensic Scientist Henry Lee’s Final Interview…

A legendary Forensic Scientist whose testimony influenced some of America’s…

By – Jackie Allen
America July 6, 2026
Accused of Rape:  Graham Platner Denies…

Accused of Rape, Maine Democratic U.S. Senate candidate Graham Platner…

By – Jackie Allen
America July 6, 2026
AI Regulation Debate Intensifies After Peter…

 The global debate over AI Regulation took a dramatic turn…

By – Jackie Allen
America July 5, 2026
California Chaos: Fourth of July Celebrations…

California Chaos unfolded across parts of Southern California during the…

By – Jackie Allen
America July 5, 2026
Paul Pelosi Faces Charge After Alleged…

Paul Pelosi, the husband of former House Speaker Nancy Pelosi,…

By – Jackie Allen
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
America July 8, 2026
Arranged Marriage Ends in Tragedy: Amazon…

An Arranged Marriage that began in the summer of 2025…

By – Jackie Allen
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
America July 3, 2026
Mars Rover Images Lead to Debates…

A new Mars Rover image captured by NASA’s Curiosity mission…

By – Jackie Allen
America July 3, 2026
Taylor Swift and Travis Kelce’s Star-Studded…

Taylor Swift and Travis Kelce’s highly anticipated wedding is finally…

By – Rihem Akkouche
America July 3, 2026
Federal Judge Sends Bad Bunny Reggaeton…

INSIDE THIS REPORT A federal judge denied summary judgment to…

By – Samuel Lopez
America July 3, 2026
Mike Rowe Sues Discovery for $2…

Inside This Report Mike Rowe is suing Discovery, claiming the…

By – Samuel Lopez
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Health June 29, 2026
Everything You Need to Know About…

As the calendar turns to July 1, residents of Georgia…

By – Tyler Brooks
Breaking News June 26, 2026
Trump Seeks $1.4 Billion as Congo…

The Trump Ebola funding request would provide more than $1.4…

By – Michallie Harrison
Health June 25, 2026
Temperatures in France were higher than…

The images coming out of Europe this week are nothing…

By – Tyler Brooks
America July 2, 2026
Taylor Swift Wedding Reports Claim Private…

Taylor Swift Wedding speculation intensified after reports claimed that pop…

By – Jackie Allen
High Profile Court Cases July 2, 2026
Justice Served as Former NFL Scout…

The Nashville courtroom fell silent this Wednesday as a jury…

By – Tyler Brooks
America June 29, 2026
Stonewall Riots: An Uprising That Changed…

The Stonewall Riots marked one of the most significant turning…

By – Jackie Allen
Sports June 26, 2026
USMNT Lost to Turkey at 90+8.…

Kaan Ayhan’s goal came in the 90th minute, plus eight.…

By – Nicolas Carreno
Entertainment June 25, 2026
Tears, Goals, and the Siuuu: IShowSpeed’s…

The 2026 FIFA World Cup has been a rollercoaster of…

By – Tyler Brooks
America June 22, 2026
World Cup History Made as Lionel…

World Cup history was made Monday afternoon in Arlington, Texas,…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter