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.
