FOLLOW US

Fri

July 31, 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
2758 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
America July 31, 2026
Sainsbury to Sell Argos for £120m After a Long Road to the Exit
By – Rihem Akkouche
High Profile Court Cases July 31, 2026
Colin Gray Gets 15 Years After Prosecutors Sought 80
By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces
By – Michallie Harrison
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks Global Revolt
By – Michallie Harrison
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 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Defense Lawyers Warned: Use AI or…

INSIDE THIS REPORT Defense lawyers are being urged to adopt…

By – Samuel Lopez
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
Could Diddy Still Cooperate? Federal Law…

INSIDE THIS REPORT A federal prison sentence does not necessarily…

By – Samuel Lopez
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Mega Millions Player From Florida Wins…

The wait is finally over. The mega millions jackpot $800…

By – Rihem Akkouche
America July 29, 2026
$2.2B Permian Combo to Transform Permian…

A sweeping transformation is underway in the heart of America’s…

By – Rihem Akkouche
America July 29, 2026
Grant Thornton To Buy CBIZ in…

In a move poised to redraw the map of the…

By – Rihem Akkouche
America July 29, 2026
Chinese Electrodes Face US Duties Topping…

Chinese-made graphite electrodes used in metal smelting just got hit…

By – Rihem Akkouche
America July 29, 2026
DOJ Optometry Charge Lands on Founder…

New Jersey-based Campus Eye Management just made history — though…

By – Rihem Akkouche
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America July 28, 2026
Lindsey Graham Remembered by Trump as…

 WASHINGTON — President Donald Trump remembered Lindsey Graham as a…

By – Jackie Allen
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 26, 2026
Kacy Corso Pleads in the Stony…

Kacy Corso, 34, of East Setauket, pleaded guilty in July…

By – Jackie Allen
America July 26, 2026
Kaylee Hottle Dies at 18 After…

Kaylee Hottle, a rising deaf actress celebrated for her breakthrough…

By – Jackie Allen
America July 26, 2026
Kaylee Hottle Dies at 18 After…

Kaylee Hottle, a rising deaf actress celebrated for her breakthrough…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Lululemon Murder: Part II — Forensic…

Editor’s Note: This is Part II of an ongoing series…

By – Jackie Allen
America July 24, 2026
Lululemon Murder: Brutal Killing of Jayna…

More than 15 years after a young retail manager was…

By – Jackie Allen
America July 24, 2026
Ebenezer: Johnny Depp Surprises Comic-Con Fans…

Ebenezer took center stage at this year’s San Diego Comic-Con. …

By – Jackie Allen
America July 23, 2026
NASA Claims Super Weird Space Object…

NASA’s discovery of more than 6,000 confirmed exoplanets has transformed…

By – Jackie Allen
Entertainment July 29, 2026
Children of Blood and Bone Author…

Paramount Pictures is promoting the Children of Blood and Bone…

By – Michallie Harrison
America July 29, 2026
Avi Loeb, Trump’s Handpicked UFO Chief,…

Inside This Report Avi Loeb once petitioned the United Nations…

By – Samuel Lopez
America July 29, 2026
Apax To Acquire Gerresheimer Packaging Units…

Private equity giant Apax Partners LLP is stepping into pharmaceutical…

By – Rihem Akkouche
America July 29, 2026
Lil Durk Seeks to Suppress Phone…

INSIDE THIS REPORT Lil Durk says his phones were taken…

By – Samuel Lopez
America July 28, 2026
Apple to End iPhone Upgrade Program,…

Apple just rolled out its new Apple Upgrade leasing plan,…

By – Rihem Akkouche
America July 28, 2026
Justin Herbert, Madison Beer announce their…

Justin Herbert has finally landed a ring — though this…

By – Rihem Akkouche
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
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
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen
America July 20, 2026
Hannah Rapp Dies at 26 After…

 Hannah Rapp, a rising professional boxer who earned a shot…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen
America July 18, 2026
Tate Brothers arrest in Florida: Andrew…

The Tate Brothers arrest became one of the most talked-about…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter