Legal Opinion
Official Committee of Unsecured Creditors of Motors Liquidation Co v. United States Department of the Treasury & Export Development Canada (In Re Motors Liquidation Co.)
United States Bankruptcy Court, S.D. New York
Decided November 28, 2011No. 13-37634PublishedCited by 4 opinions
1Opinion of the Court
BENCH DECISION 1 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, that the defendant DIP lenders in this case — the U.S. Treasury (“Treasury”) and Export Development Canada (“EDC,” and collectively, the “DIP Lenders”) — have no right to any…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- MedImmune, Inc. v. Genentech, Inc.Supreme Court of the United States · 2007
- Fincher v. Depository Trust and Clearing Corp.Court of Appeals for the Second Circuit · 2010
- Richard Morales v. Quintel Entertainment, Inc. And Peter StolzCourt of Appeals for the Second Circuit · 2001
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3Cited by4 opinions
- Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Co.)United States Bankruptcy Court, S.D. New York · 2013
- United States Department of the Treasury v. Official Committee of Unsecured Creditors of Motors Liquidation Co.District Court, S.D. New York · 2012
- In re Motors Liquidation Co.United States Bankruptcy Court, S.D. New York · 2016
- In re: SPAC RECOVERY CO.United States Bankruptcy Court, S.D. New York · 2026