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IN RE ARCHDIOCESE OF MILWAUKEE

Bankruptcy No. 11-20059-SVK. Adversary No. 11-02459.

485 B.R. 385 (2013)

In re ARCHDIOCESE OF MILWAUKEE, Debtor. Archbishop Jerome E. Listecki, as Trustee of the Archdiocese of Milwaukee Catholic Cemetery Perpetual Care Trust, Plaintiff, v. Official Committee of Unsecured Creditors, Defendant. Official Committee of Unsecured Creditors, Counterclaimant, v. Archbishop Jerome E. Listecki, as Trustee of the Archdiocese of Milwaukee Catholic Cemetery Perpetual Care Trust, Counterdefendant.

United States Bankruptcy Court, E.D. Wisconsin.

January 17, 2013.

Attorney(s) appearing for the Case

Brace G. Arnold, Daryl L. Diesing, Francis H. LoCoco, Michael E. Gosman, Whyte Hirschboeck Dudek S.C, Milwaukee, WI, for Debtor.

Timothy F. Nbcon, William E. Duffm, Godfrey & Kahn, S.C, Milwaukee, WI, for Plaintiff/Counterdefendant.

Linda S. Schmidt, Matthew M. Wuest, Godfrey & Kahn, S.C, Madison, WI, for Counterdefendant.

Albert Solochek, Jason R. Pilmaier, Howard, Solochek & Weber S.C, Milwaukee, WI, Gillian N. Brown, Pachulski Stang Ziehl & Jones LLP, Los Angeles, CA, James I. Stang, Kenneth H. Brown, Pachulski Stang Ziehl & Jones, San Francisco, CA, for Defendant/Counterclaimant.

DECISION ON MOTION FOR SUMMARY JUDGMENT

SUSAN V. KELLEY, Bankruptcy Judge.

On April 2, 2007, the Archdiocese of Milwaukee (the "Debtor") created the Milwaukee Catholic Cemetery Perpetual Care Trust (the "Trust" or the "Cemetery Trust") to provide for the perpetual care of the Debtor's cemetery property and grounds. In March 2008, the Debtor funded the Trust by transferring over $55 million to a Trust bank account at U.S. Bank. The Debtor filed a chapter...

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