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IN RE BANK UNITED FINANCIAL CORP.

Bankruptcy No. 09-19940-BKC-LMI. Adversary No. 10-3075-BKC-LMI.

442 B.R. 49 (2010)

In re BANK UNITED FINANCIAL CORPORATION, et al., Debtors. Official Committee of Unsecured Creditors of BankUnited Financial Corporation, Plaintiff, v. Federal Deposit Insurance Corporation, as Receiver for BankUnited, FSB, Defendant.

United States Bankruptcy Court, S.D. Florida.

November 15, 2010.

Attorney(s) appearing for the Case

Mark D. Bloom, Esq., Peter H. Levitt, Esq., Stephen P. Drobny, Esq., Miami, FL, Michael C. Sontag, Coral Gables, FL, Scott M. Grossman, Esq., Fort Lauderdale, FL, for Debtors.

Corali Lopez-Castro, Esq., Kozyak Tropin & Throckmorton, P.A., David Samole, Esq., Vincent F. Alexander, Coral Gables, FL, Sameer K. Kapoor, Todd C. Meyers, Atlanta, GA, for Plaintiff.

Bruce J. Berman, Miami, FL, Geoffrey T. Raicht, New York, NY, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART CROSS MOTIONS FOR SUMMARY JUDGMENT

LAUREL M. ISICOFF, Bankruptcy Judge.

This matter came before the Court on cross-motions for summary judgment filed by the Plaintiff, the Official Committee of Unsecured Creditors of BankUnited Financial Corporation ("Committee or Plaintiff") (DE # 14) and by the Federal Deposit Insurance Corporation as Receiver for BankUnited, FSB ("FDICR or Defendant") (DE # 12). The issue...

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