In Re Harnischfeger Industries, Inc.

MEMORANDUM OPINION

PETER J. WALSH, Chief Judge.

Pending before the Court are cross-motions for summary judgment. Dr. Erhard Haekl, the Receiver (the “Receiver”) of Beloit Austria GmbH (“Beloit Austria”) seeks judgment as a matter of law allowing an administrative expense claim totaling $3,445,605.46 (the “Receiver’s Claim”) (Doc.# 11951). 1 The Beloit Liquidating Trust (the “BLT”) seeks summary judgment denying the Receiver’s Claim or, in the alternative, partial summary judgment that § 558 of the Bankruptcy Code 2 applies to permit setoff of the amount of the Receiver’s Claim with amounts…