Delaware Trust Co. v. Computershare Trust Co. (In re Energy Future Holdings Corp.)

OPINION1

Sontchi, J.

INTRODUCTION2

Before the Court is a motion to dismiss (the “Motion to Dismiss”) filed by the Second Lien Trustee in an action commenced by the First Lien Trustee. In the underlying action, the First Lien Trustee is seeking, pursuant to the terms of the in-tercreditor Collateral Trust Agreement, to recover the amount of the Applicable Premium 3 from the Second Lien Noteholders who received a partial paydown of their Second Lien Notes by the Debtors.

As is wont to occur in cases of this size, matters have continued to develop. While the Motion to Dismiss was being briefed, this…