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Americas Core Credit: Texas-Two Step Bankruptcies (Aug. 27, 2021)

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Texas Two-Step Bankruptcy and Indemnification Obligations

This chapter examines the concept of a Texas Two-Step bankruptcy and its implications for indemnification obligations. It discusses a recent hearing and decision by Judge Silverstein regarding a motion to prevent Johnson & Johnson from avoiding indemnification through restructuring. The chapter also explores the potential loophole in bankruptcy law and the challenges of enforcing funding agreements for liability transfers.

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