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IN RE MOTORS LIQUIDATION CO.

Bankruptcy No. 09-50026 (REG), Adversary No. 11-09406 (REG).

460 B.R. 603 (2011)

In re MOTORS LIQUIDATION COMPANY, f/k/a General Motors Corp., et al., Debtors. Official Committee of Unsecured Creditors of Motors Liquidation Company, et al., Plaintiff, v. United States Department of the Treasury and Export Development Canada, Defendants.

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

November 28, 2011.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, By: Thomas Moers Mayer, Esq. (argued), Robert T. Schmidt, Esq., Lauren M. Macksoud, Esq., Craig L. Siegel, Esq., New York, NY, for the Official Committee of Unsecured Creditors.

Preet Bharara, United States Attorney for the Southern District of New York, By: David S. Jones, Esq. (argued), New York, NY, for the United States Department of the Treasury.

Vedder Price, By: Michael J. Edelman, Esq. (argued), Michael L. Schein, Esq., New York, NY, for Export Development Canada.

BENCH DECISION1 ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT RE DISPUTES AS TO OWNERSHIP OF TERM LOAN AVOIDANCE ACTION PROCEEDS

ROBERT E. GERBER, Bankruptcy Judge.

In this adversary proceeding under the umbrella of the chapter 11 case of Debtor Motors Liquidation Co. (formerly known as General Motors Corporation ("Old GM")), the plaintiff Creditors' Committee seeks a declaratory judgment providing, in substance...

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