Adversary Proceedings

Date Court Docket
Number
Description
8/12/16 62 Transcript regarding Hearing Held on Wednesday, August 10, 2016 at 2:04 PM RE: Joint Motion To Approve Settlement Of Disputed Entitlements Of Dip Lenders And Committee To Potential Term Loan Avoidance Action Proceeds, And For Entry Of An Order Modifying Avoidance Action Trust Agreement And Authorizing The Grant Of A Lien To The Dip Lenders. Remote electronic access to the transcript is restricted until 11/10/2016. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Access Transcripts, LLC.]. (See the Courts Website for contact information for the Transcription Service Agency.). Notice of Intent to Request Redaction Deadline Due By 8/19/2016. Statement of Redaction Request Due By 9/2/2016. Redacted Transcript Submission Due By 9/12/2016. Transcript access will be restricted through 11/10/2016. (Braithwaite, Kenishia) (Entered: 08/16/2016)
8/11/16 61 Copy of Order of U.S. District Court Judge Colleen McMahon signed on 8/11/2016. (Rouzeau, Anatin) (Entered: 08/11/2016)
8/11/16 60 Order signed on 8/11/2016 Dismissing Adversary Proceeding Without Prejudice. (Gomez, Jessica) (Entered: 08/11/2016)
8/9/16 59 Order signed on 8/9/2016 Re Hearing on Joint Motion Seeking Approval of Settlement of Allocation Dispute and Approval of Funding Agreement (related document(s) 42). (Gomez, Jessica) (Entered: 08/09/2016)
8/5/16 58 Declaration / Declaration of Thomas Moers Mayer in Support of the Joint Motion of the Motors Liquidation Company Avoidance Action Trust and Official Committee of Unsecured Creditors for Entry of (A) Stipulation and Agreed Order (I) Settling Disputed Entitlements of Debtor-in-Possession Lenders and Official Committee of Unsecured Creditors to Potential Term Loan Avoidance Action Proceeds and (II) Modifying Avoidance Action Trust Agreement to Implement Settlement, and (B) Order (I) Approving Settlement of the Allocation Dispute, (II) Approving Amendments to the Avoidance Action Trust Agreement, and (III) Authorizing the Avoidance Action Trust to Grant a Lien to the DIP Lenders and Reply in Response to Objections to the Motion (related document(s) 57) filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al.. (Mayer, Thomas) (Entered: 08/05/2016)
8/5/16 57 Reply to Motion / Omnibus Reply of the Official Committee of Unsecured Creditors to Objections for Entry of (A) Stipulation and Agreed Order (I) Settling Disputed Entitlements of Debtor-in-Possession Lenders and Official Committee of Unsecured Creditors to Potential Term Loan Avoidance Action Proceeds and (II) Modifying Avoidance Action Trust Agreement to Implement Settlement, and (B) Order (I) Approving Settlement of the Allocation Dispute, (II) Approving Amendments to the Avoidance Action Trust Agreement, and (III) Authorizing the Avoidance Action Trust to Grant a Lien to the DIP Lenders (related document(s) 42) filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Mayer, Thomas) (Entered: 08/05/2016)
8/5/16 56 Response to Motion JOINDER OF EXPORT DEVELOPMENT CANADA TO UNITED STATES RESPONSE (A) IN FURTHER SUPPORT OF JOINT MOTION OF MLC AVOIDANCE ACTION TRUST AND OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ENTRY OF STIPULATION AND AGREED ORDER SETTLING DISPUTED ENTITLEMENTS OF DEBTOR-IN-POSSESSION LENDERS AND OFFICIAL COMMITTEE OF UNSECURED CREDITORS AND (B) IN RESPONSE TO OBJECTIONS INTERPOSED BY RIVER BIRCH AND DAVIDSON KEMPNER (related document(s) 42) filed by Michael James Edelman on behalf of Export Development Canada. with hearing to be held on 8/10/2016 (check with court for location) (Edelman, Michael) (Entered: 08/05/2016)
8/5/16 55 Reply to Motion Reply to the Objection of Davidson Kempner Capital Management LP to the Motion to Approve Settlement of Disputed Entitlements of DIP Lenders and Committee to Potential Term Loan Avoidance Action Proceeds, and for Entry of an Order Modifying Avoidance Action Trust Agreement and Authorizing the Grant of a Lien to the DIP Lenders filed by Paul T. Weinstein on behalf of Motors Liquidation Company Avoidance Action Trust. (Weinstein, Paul) (Entered: 08/05/2016)
8/5/16 54 Notice of Appearance in Adversary Proceeding filed by Paul T. Weinstein on behalf of Motors Liquidation Company Avoidance Action Trust. (Weinstein, Paul) (Entered: 08/05/2016)
8/5/16 53 Reply to Motion to Approve Settlement of Disputed Entitlements of DIP Lenders and Committee to Potential Term Loan Avoidance Action Proceeds, and for Entry of an Order Modifying Avoidance Action Trust Agreement and Authorizing the Grant of a Lien to the DIP Lenders (related document(s) 42) filed by Eric Fisher on behalf of Motors Liquidation Company Avoidance Action Trust. (Fisher, Eric) (Entered: 08/05/2016)
8/5/16 52 Notice of Appearance in Adversary Proceeding filed by Eric Fisher on behalf of Motors Liquidation Company Avoidance Action Trust. (Fisher, Eric) (Entered: 08/05/2016)
8/5/16 51 Statement of United States in response to objections (Dkt. Nos. 44 and 47) to joint motion (related document(s) 42) filed by David S. Jones on behalf of United States Department of Treasury. with hearing to be held on 8/10/2016 at 02:00 PM at Courtroom 523 (MG) (Jones, David) (Entered: 08/05/2016)
8/2/16 50 Amended Notice of Adjournment of Hearing (related document(s) 42) filed by Jennifer Sharret on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. with hearing to be held on 8/10/2016 (check with court for location) Objections due by 8/5/2016, (Sharret, Jennifer) (Entered: 08/02/2016)
8/1/16 49 Affidavit of Service (related document(s) 47, 48) Filed by Kristopher M. Hansen on behalf of Davidson Kempner Capital Management LP. (Hansen, Kristopher) (Entered: 08/01/2016)
7/29/16 48 Notice of Appearance in Adversary Proceeding filed by Kristopher M. Hansen on behalf of Davidson Kempner Capital Management LP. (Hansen, Kristopher) (Entered: 07/29/2016)
7/29/16 47 Objection to Motion Objection of Davidson Kempner Capital Management LP to the Motion of Motors Liquidation Company Avoidance Action Trust and Official Committee of Unsecured Creditors for Entry of (A) Stipulation and Agreed Order (I) Settling Disputed Entitlements of Debtor-In-Possession Lenders and Official Committee of Unsecured Creditors to Potential Term Loan Avoidance Action Proceeds and (II) Modifying Avoidance Action Trust Agreement to Implement Settlement, and (B) Order (I) Approving Settlement of the Allocation Dispute, (II) Approving Amendments to the Avoidance Action Trust Agreement, and (III) Authorizing the Avoidance Action Trust to Grant a Lien to the DIP Lenders filed by Kristopher M. Hansen on behalf of Davidson Kempner Capital Management LP. with hearing to be held on 8/5/2016 at 10:00 AM at Courtroom 523 (MG) (Hansen, Kristopher) (Entered: 07/29/2016)
7/29/16 46 Affidavit of Service of Limited Objection To The Joint Motion Of The Avoidance Action Trust And Committee For, Among Other Things, An Order Approving The Settlement Of The Allocation Dispute, Including The Litigation Cost Advance Agreement (related document(s) 44) Filed by Richard F. Harrison on behalf of River Birch Capital LLC. (Harrison, Richard) (Entered: 07/29/2016)
7/28/16 45 Letter to Honorable Glenn re Limited Objection To The Joint Motion Of The Avoidance Action Trust And Committee For, Among Other Things, An Order Approving The Settlement Of The Allocation Dispute, Including The Litigation Cost Advance Agreement (related document(s) 44) Filed by Richard F. Harrison on behalf of River Birch Capital LLC. (Harrison, Richard) (Entered: 07/28/2016)
7/28/16 44 Objection to Motion /Limited Objection To The Joint Motion Of The Avoidance Action Trust And Committee For, Among Other Things, An Order Approving The Settlement Of The Allocation Dispute, Including The Litigation Cost Advance Agreement (related document(s) 42) filed by Richard F. Harrison on behalf of River Birch Capital LLC. with hearing to be held on 8/5/2016 at 10:00 AM at Courtroom 523 (MG) (Attachments: #1 Exhibit A to Objection #2 Errata B to Objection #3 Exhibit C to Objection #4 Exhibit D to Objection #5 Exhibit E to Objection #6 Exhibit F to Objection) (Harrison, Richard) (Entered: 07/28/2016)
7/15/16 43 Declaration of Arthur J. Gonzalez In Support of Joint Motion of Avoidance Action Trust and Official Committee of Unsecured Creditors for Approval of Settlement of Disputed Entitlements of DIP Lenders and Committee to Potential Term Loan Avoidance Action Proceeds, and for Entry of an Order Modifying Avoidance Action Trust Agreement and Authorizing the Grant of a Lien to the DIP Lenders filed by Robert T. Schmidt on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. with hearing to be held on 8/5/2016 at 10:00 AM at Courtroom 523 (MG) Objections due by 7/29/2016, (Schmidt, Robert) (Entered: 07/15/2016)
7/15/16 42 Joint Motion to Approve Settlement of Disputed Entitlements of DIP Lenders and Committee to Potential Term Loan Avoidance Action Proceeds, and for Entry of an Order Modifying Avoidance Action Trust Agreement and Authorizing the Grant of a Lien to the DIP Lenders filed by Robert T. Schmidt on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. with hearing to be held on 8/5/2016 at 10:00 AM at Courtroom 523 (MG) Responses due by 7/29/2016,. (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C #4 Exhibit D #5 Exhibit E #6 Exhibit F) (Schmidt, Robert) (Entered: 07/15/2016)
7/15/16 41 Notice of Hearing On Joint Motion of Avoidance Action Trust and Official Committee of Unsecured Creditors for Approval of Settlement of Disputed Entitlements of DIP Lenders and Committee to Potential Term Loan Avoidance Action Proceeds, and for Entry of an Order Modifying Avoidance Action Trust Agreement and Authorizing the Grant of a Lien to the DIP Lenders filed by Robert T. Schmidt on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. with hearing to be held on 8/5/2016 at 10:00 AM at Courtroom 523 (MG) Objections due by 7/29/2016, (Schmidt, Robert) (Entered: 07/15/2016)
1/5/16 40 Notice of Case Reassignment From Judge Robert E. Gerber to Judge Martin Glenn. Judge Martin Glenn added to the case. (Bush, Brent). (Entered: 01/05/2016)
3/12/12 39 Civil Cover Sheet from U.S. District Court, Case Number: 1200561 (related document(s) 31) filed by Clerk's Office of the U.S. Bankruptcy Court, S.D.N.Y. (Rouzeau, Anatin) (Entered: 03/12/2012)
1/12/12 38 Counter Designation (appellee) Appellees' Designation of Additional Items to be Included in the Record to be Presented on Appeal filed by Robert T. Schmidt on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Schmidt, Robert) (Entered: 01/12/2012)
1/10/12 37 Second Errata Order signed on 1/10/2012 Re: Bench Decision On Motions To Dismiss And For Summary Judgment Re Disputes As To Ownership Of Term Loan Avoidance Action Proceeds. (related document(s) 30) (Blum, Helene) (Entered: 01/10/2012)
1/3/12 36 Certificate of Service of Export Development of Canada's Statement of Issues on Appeal and Designation of Items to be Included in the Record on Appeal dated December 30, 2011 filed by Michael James Edelman on behalf of Export Development Canada. (Edelman, Michael) (Entered: 01/03/2012)
12/30/11 35 Statement of Issues on Appeal and Designation of Items To Be Included in The Record on Appeal filed by Michael James Edelman on behalf of Export Development Canada. (Edelman, Michael) (Entered: 12/30/2011)
12/30/11 34 Certificate of Service of U.S. Department of the Treasury's Designation of Contents of Record on Appeal and Statement of Issues on Appeal filed by David S. Jones on behalf of United States Department of Treasury. (Jones, David) (Entered: 12/30/2011)
12/30/11 33 Designation of Contents (appellant). U.S. Department of the Treasury's Designation of Contents of Record on Appeal and Statement of Issues on Appeal filed by David S. Jones on behalf of United States Department of Treasury. (Jones, David) (Entered: 12/30/2011)
12/16/11 32 Certificate of Service of Notice of Appeal filed by David S. Jones on behalf of United States Department of Treasury. (Jones, David) (Entered: 12/16/2011)
12/16/11 31 Notice of Appeal filed by David S. Jones on behalf of United States Department of Treasury. (Jones, David) (Entered: 12/16/2011)
12/12/11 30 Errata Order signed on 12/12/2011 Re: Bench Decision On Motions To Dismiss And For Summary Judgment Re Disputes As To Ownership Of Term Loan Avoidance Action Proceeds (related document(s) 27) (Blum, Helene) (Entered: 12/12/2011)
12/2/11 29 Order signed on 12/2/2011 Denying Re: DIP Lenders' Motions to Dismiss and Motions for Summary Judgment (Related Doc #12, 13). (Ho, Amanda) (Entered: 12/02/2011)
12/2/11 28 Order signed on 12/2/2011 Re: Judgment. (Ho, Amanda) (Entered: 12/02/2011)
11/28/11 27 Bench Decision on Motions to Dismiss and for Summary Judgment Re: Disputes as to Ownership of Term Loan Avoidance Action Proceeds signed on 11/28/2011. (related document(s) 20, 17, 12, 11, 13) (Blum, Helene) (Entered: 11/28/2011)
10/24/11 26 Transcript regarding Hearing Held on 10/21/2011 9:50 AM RE: Hearing on Motion for Summary Judgment and Cross Motion for Summary Judgment- Oral Argument; Hearing on Motion to Dismiss adversary Proceeding. Remote electronic access to the transcript is restricted until 1/23/2012. Transcript access restricted through 1/23/2012. (Villegas, Carmen) (Entered: 10/26/2011)
9/30/11 25 Reply to Motion Defendant Export Development Canada’s Amended Reply Memorandum Of Law In Support Of DIP Lenders Cross-Motion For Summary Judgment (amends footnote 1) (related document(s) 17) filed by Michael James Edelman on behalf of Export Development Canada. (Edelman, Michael) (Entered: 09/30/2011)
9/29/11 24 Reply to Motion DEFENDANT EXPORT DEVELOPMENT CANADA’S REPLY MEMORANDUM OF LAW IN SUPPORT OF DIP LENDERS’ CROSS-MOTION FOR SUMMARY JUDGMENT (related document(s) 17) filed by Michael James Edelman on behalf of Export Development Canada. (Edelman, Michael) (Entered: 09/29/2011)
9/28/11 23 Reply Memorandum of Law of United States in Support of Cross-Motion for Summary Judgment (related document(s) 17) filed by David S. Jones on behalf of United States Department of Treasury. (Jones, David) (Entered: 09/28/2011)
9/22/11 22 Reply to Motion/Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Summary Judgment and Response to Defendants' Cross-Motion for Summary Judgment (related document(s) 17) filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Mayer, Thomas) (Entered: 09/22/2011)
9/22/11 21 Reply to Motion DEFENDANT EXPORT DEVELOPMENT CANADA’S REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT UNITED STATES DEPARTMENT OF THE TREASURY’S MOTION TO DISMISS COMPLAINT (related document(s) 12) filed by Michael James Edelman on behalf of Export Development Canada. (Edelman, Michael) (Entered: 09/22/2011)
9/22/11 20 Motion to Dismiss Adversary Proceeding Reply Memorandum in support of motion (related document(s) 12) filed by David S. Jones on behalf of United States Department of Treasury. with hearing to be held on 10/21/2011 at 9:45 AM at Courtroom 621 (REG) (Jones, David) (Entered: 09/22/2011)
9/2/11 19 Memorandum of Law/Plaintiffs' Memorandum of Law In Opposition To Defendants’ Motion to Dismiss The First Amended Complaint (related document(s) 13) filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Mayer, Thomas) (Entered: 09/02/2011)
9/2/11 18 Opposition Brief DEFENDANT EXPORT DEVELOPMENT CANADA MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND JOINDER IN SUPPORT OF DEFENDANT UNITED STATES DEPARTMENT OF THE TREASURY’S CROSS-MOTION FOR SUMMARY JUDGMENT (related document(s) 16, 17, 11) filed by Michael James Edelman on behalf of Export Development Canada, with hearing to be held on 10/21/2011 at 0:45 AM at Courtroom 621 (REG) (Edelman, Michael) (Entered: 09/02/2011)
9/2/11 17 Cross Motion for Summary Judgment Notice of Cross-Motion for Summary Judgment of United States Department of the Treasury (related document(s) 11) filed by David S. Jones on behalf of United States Department of Treasury. (Jones, David) (Entered: 09/02/2011)
9/2/11 16 Counterstatement of Undisputed Fact of Defendant United States Department of the Treasury, and 7056-1 Statement in Support of Cross-Motion for Summary Judgment (related document(s) 10) filed by David S. Jones on behalf of United States Department of Treasury. (Jones, David) (Entered: 09/02/2011)
9/2/11 15 Memorandum of Law of United States Department of the Treasury in Opposition to Plaintiff's Summary Judgment Motion and in Support of Treasury's Cross-Motion for Summary Judgment (related document(s) 11) filed by David S. Jones on behalf of United States Department of Treasury. (Jones, David) (Entered: 09/02/2011)
7/25/11 14 Transcript regarding Hearing Held on July 19, 2011 9:45 AM RE: Status Conference - Complaint for Declaratory Judgment against United States Department of Treasury, Export Development Canada filed by the Official Committee of Unsecured Creditors of Motors Liquidation Company. Transcript access restricted through 10/24/2011. (Richards, Beverly) (Entered: 08/08/2011)
8/5/11 13 Motion to Dismiss Case JOINDER OF DEFENDANT EXPORT DEVELOPMENT CANADA TO DEFENDANT UNITED STATES DEPARTMENT OF TREASURY’S MOTION TO DISMISS COMPLAINT (related document(s) 12) filed by Michael James Edelman on behalf of Export Development Canada. with hearing to be held on 10/21/2011 at 9:45 AM at Courtroom 621 (REG) (Edelman, Michael) (Entered: 08/05/2011)
8/5/11 12 Motion to Dismiss Adversary Proceeding (related document(s) 8) filed by David S. Jones on behalf of United States Department of Treasury. with hearing to be held on 10/21/2011 at 9:45 AM at Courtroom 621 (REG) (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss) (Jones, David) (Entered: 08/05/2011)
7/22/11 11 Motion for Summary Judgment /Plaintiffs Memorandum of Law in Support of Motion for Summary Judgment filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. with hearing to be held on 10/21/2011 at 9:45 AM at Courtroom 621 (REG) Responses due by 9/2/2011. (Attachments: #1 Declaration of Thomas Moers Mayer in Support of Plaintiff’s Motion for Summary Judgment) (Mayer, Thomas) (Entered: 07/22/2011)
7/22/11 10 Statement of Undisputed Fact/Plaintiff’s Rule 7056-1 Statement of Material Facts filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Mayer, Thomas) (Entered: 07/22/2011)
7/22/11 9 Notice of Motion to Set Hearing/Notice of Hearing on Motion of Official Committee of Unsecured Creditors for Summary Judgment filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. with hearing to be held on 10/21/2011 at 9:45 AM at Courtroom 621 (REG) Objections due by 9/2/2011. (Mayer, Thomas) (Entered: 07/22/2011)
7/22/11 8 Amended Complaint against Export Development Canada, United States Department of Treasury/First Amended Complaint for Declaratory Judgment (related document(s) 1) Filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Mayer, Thomas) (Entered: 07/22/2011)
7/22/11 7 Letter to Judge Gerber filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Mayer, Thomas) (Entered: 07/22/2011)
7/15/11 6 Notice of Agenda - Notice of Matter Scheduled for Hearing on July 19, 2011 at 9:45 AM filed by Stephen Karotkin on behalf of Motors Liquidation Company, et al., with hearing to be held on 7/19/2011 at 9:45 AM at Courtroom 621 (REG) (Karotkin, Stephen) (Entered: 07/15/2011)
7/7/11 5 Endorsed Order signed on 7/7/2011 re: Letter dated 7/1/2011 by Thomas Mayer "Proposed Motion Schedule Approved. Kramer Levin Final Fee Application to be Moved to Date of Hearing on Summary Judgment and Motion to Dismiss". (related document(s) 4) (Blum, Helene) (Entered: 07/07/2011)
7/1/11 4 Letter to the Honorable Robert E. Gerber filed by Thomas Moers Mayer on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Mayer, Thomas) (Entered: 07/01/2011)
6/9/11 3 Summons with Notice of Pre-Trial Conference issued by Clerk's Office with Pre-Trial Conference set for 7/27/2011 at 9:45 AM at Courtroom 621 (REG), Answer due by 7/11/2011. (Campbell, Tiffany) (Entered: 06/09/2011)
6/7/11 2 Statement/Plaintiff's Rule 7.1 Corporate Disclosure Statement filed by Robert T. Schmidt on behalf of Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Schmidt, Robert) (Entered: 06/07/2011)
6/7/11 1 Adversary case 11-09406. Complaint against United States Department of Treasury, Export Development Canada/Complaint for Declaratory Judgment. Nature(s) of Suit: (91 (Declaratory judgment)) Filed by Official Committee of Unsecured Creditors of Motors Liquidation Company, et al. (Schmidt, Robert) (Entered: 06/07/2011)