FOLLOW US

Mon

August 23, 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
2770 Posts

Rochdi Rais

Rochdi Rais is the 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
America August 21, 2026
Publix Blueberry Recall Escalates to FDA’s Highest Danger Rating
By – Rihem Akkouche
Breaking News August 21, 2026
Tyler Duckworth, ‘The Challenge’ Champion, Dies…

 The two-time MTV winner had been in front of an…

By – Ramzi Salem
High Profile Court Cases August 21, 2026
Alex Jones’ $45M Punitive Award Cut…

AUSTIN, Texas — The Texas Third Court of Appeals cut…

By – Michallie Harrison
High Profile Court Cases August 21, 2026
Pawleys Island School Closes After Sex-Offender…

PAWLEYS ISLAND, S.C. — Pawleys Island Christian Academy has closed…

By – Michallie Harrison
America August 21, 2026
Eric Swalwell Faces FBI Search as…

WASHINGTON — Former congressman Eric Swalwell is facing an escalation…

By – Jackie Allen
High Profile Court Cases August 20, 2026
Austin Metcalf’s Racist History Kept From…

MCKINNEY, Texas — Jurors who rejected Karmelo Anthony’s self-defense claim…

By – Michallie Harrison
America August 20, 2026
Ilja Dragunov Departs From WWE, Closing…

A wrestler once billed as “the Mad Dragon” has slipped…

By – Rihem Akkouche
America August 20, 2026
Ilja Dragunov Departs From WWE, Closing…

A wrestler once billed as “the Mad Dragon” has slipped…

By – Rihem Akkouche
America August 20, 2026
Comcast $117.5M Settlement Clears Final Hurdle…

A data breach that touched more than 31 million lives…

By – Rihem Akkouche
America August 20, 2026
Mitsubishi Electric to Acquire PCI Energy…

Mitsubishi Electric Corp. just planted a much bigger flag in…

By – Rihem Akkouche
America August 20, 2026
ISIS New York Capitol Attack Plot…

A plan authorities describe as both deliberate and deeply dangerous…

By – Rihem Akkouche
America August 20, 2026
KKR’s $9B UGI Bid Headlines a…

Wall Street’s rumor mill never really sleeps, but this week…

By – Rihem Akkouche
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Bitcoin Twins See Bitcoin’s $65,000 Level…

The Bitcoin Twins, Cameron and Tyler Winklevoss, are once again…

By – Jackie Allen
America August 19, 2026
Hayden Panettiere Death Investigation Heats Up…

 Police Seek Answers in Panettiere’s Final Hours A Death Investigation…

By – Jackie Allen
America August 18, 2026
Hayden Panettiere Remembered for her Acting…

Hayden Panettiere, the former child star who became internationally known…

By – Jackie Allen
America August 18, 2026
Penn State Cocaine Ring Used Pledges,…

HARRISBURG, Pa. — Fourteen people face charges in an alleged…

By – Michallie Harrison
America August 18, 2026
Homewrecker Lawsuit Puts North Carolina’s Rare…

Former Sen. Kyrsten Sinema is at the center of a…

By – Jackie Allen
America August 20, 2026
Robin Williams’ Children Reactivate His Instagram…

Inside This Report Zak, Zelda, and Cody Williams have relaunched…

By – Samuel Lopez
America August 19, 2026
Christian Metal Band Demon Hunter Declares…

INSIDE THIS REPORT Christian metal band Demon Hunter has sued…

By – Samuel Lopez
America August 19, 2026
Judge Removed After Saying Jury “Got…

INSIDE THIS REPORT A visiting judge removed Judge John Roach…

By – Samuel Lopez
America August 19, 2026
Did the Government Just Admit It…

INSIDE THIS REPORT Avi Loeb says government sources asked him…

By – Samuel Lopez
America August 19, 2026
Eight Years After Elon Musk Shot…

Key Takeaways Elon Musk’s Tesla Roadster has been traveling through…

By – Samuel Lopez
America August 19, 2026
A Near-Total “Blood Moon” Will Light…

Key Facts A deep partial lunar eclipse will be visible…

By – Samuel Lopez
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter