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IN RE OLD CARCO LLC

Bankruptcy No. 09-50002 (AJG). Adversary No. 09-00505 (AJG).

435 B.R. 169 (2010)

In re OLD CARCO LLC (f/k/a Chrysler LLC), et al., Debtors. The Liquidation Trust, Plaintiff, v. Daimler AG, et al., Defendants.

United States Bankruptcy Court, S.D. New York.

July 27, 2010.

Attorney(s) appearing for the Case

Shearman & Sterling LLP, by Alan S. Goudiss, Esq. , Jaculin Aaron, Esq, , New York, NY, Counsel for Daimler Entities.

Bois, Schiller & Flexner, LLP, by Jonathan D. Schiller, Esq. , William S. Ohlemeyer, Esq. , New York, NY, Co-Counsel for Daimler Entities.

Susman Godfrey LLP, by Stephen D. Susman, Esq. , Houston, TX, Edgar G. Sargent, Esq. , Seattle, WA, Counsel for the Liquidation Trust.

Stutzman, Bromberg, Esserman & Plifka, by Sander L. Esserman, Esq. , Dallas, TX, Special Counsel for the Trust.

OPINION CONCERNING MOTION OF DEFENDANTS DAIMLER AG, DAIMLER NORTH AMERICA CORPORATION, AND DAIMLER INVESTMENTS U.S. CORPORATION TO DISMISS THE FIRST AMENDED COMPLAINT

ARTHUR J. GONZALEZ, Chief Judge.

This adversary proceeding seeks, inter alia, to avoid certain transfers by a debtor under various theories alleging constructive or intentional fraud. Before the Court is a motion to dismiss the first amended complaint. The parties previously agreed to...

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