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The Bankruptcy StrategistFeaturesBankruptcyLitigation

Fourth Circuit Could Decide Fate of the 'Texas Two-Step'

By Amanda Bronstad
July 01, 2024

An influential appellate court has agreed to take up a bankruptcy involving the controversial "Texas two-step," potentially deciding the merger tactic's fate in future Chapter 11 cases.

On May 31, the U.S. Court of Appeals for the Fourth Circuit agreed to hear a petition to dismiss the bankruptcy of Bestwall, a subsidiary of Koch Industries-owned Georgia-Pacific, created through a "Texas two-step" to resolve 60,000 lawsuits over asbestos exposure.

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