I had a similar issue yesterday - not during release upgrade but when
installing package updates (Ubuntu 21.10):

package libc6 2.34-0ubuntu3.2 failed to install/upgrade: unable to open
'/lib/x86_64-linux-gnu/ld-linux-x86-64.so.2.dpkg-new': Text file busy

The way I resolve it is via dual-boot, I boot to alternative installation, I 
mount the one which I want to update to let's say /mnt and I do:
dpkg -i --root=/mnt libc6.....deb

This leads to an error "too many levels of symbolic links" but after
that I can login to my main installation and finish the package updates.

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https://bugs.launchpad.net/bugs/1943124

Title:
  Upgrade fails due to "text file busy"

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