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The Court has jurisdiction over the parties to and the subject matter of this adversary proceeding pursuant to 28 U.

Having considered the arguments and the record in this case, the Court finds that the motion filed by MPC Liquidation Trust should be granted and the motion filed by the Unsecured Creditors' Committee should be denied.

The term “Investment Entity” means any Entity that conducts as a business (or is managed by an entity that conducts as a business) one or more of the following activities or operations for or on behalf of a customer: (1) trading in money market instruments (cheques, bills, certificates of deposit, derivatives, etc.); foreign exchange; exchange, interest rate and index instruments; transferable securities; or commodity futures trading; (2) individual and collective portfolio management; or (3) otherwise investing, administering, or managing funds or money on behalf of other persons.

The Trust’s sole purpose is to continue to seek to sell these assets in an orderly fashion to maximize value to its beneficiaries.

On April 15, 2015, the United States Bankruptcy Court for the Southern District of New York (Gerber, J.) agreed and enforced the Sale Order to enjoin many of these claims against New GM. In the Sale Agreement, New GM assumed fifteen categories of liabilities. We had not addressed the issue before Chrysler, and now that case is no longer controlling precedent. 1996), travel vouchers issued to settle an airline's discrimination claims in a sale of airline assets, Trans World Airlines, 322 F.3d at 288-90, or a license for future use of intellectual property when that property is sold, Future Source LLC v. Though § 363(f) does not expressly invoke the Chapter 11 definition of “claims,” see 11 U. Here, the bankruptcy court's power to bar “claims” in a quick § 363 sale is plainly no broader than its power in a traditional Chapter 11 reorganization. Section 101(5) defines “claim” as any “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U. Second, the economic loss claims arising from the ignition switch defect or other defects present a closer call. Old GM likewise conducted a thorough internal investigation on the ignition switch defect, and the Valukas Report took more than two-and-a-half months to prepare.

Though the bankruptcy court also determined that these plaintiffs did not have notice of the Sale Order as required by the Due Process Clause of the Fifth Amendment, the bankruptcy court denied plaintiffs relief from the Sale Order on all but a subset of claims. As relevant here, New GM agreed to assume liability for accidents after the closing date for the § 363 sale and to make repairs pursuant to express warranties issued in connection with the sale of GM cars—two liability provisions present in the initial draft sale agreement. See 576 F.3d at 124 (“We have never addressed the scope of the language ‘any interest in such property,’ and the statute does not define the term.”). Like the claims of Pre-Closing Accident Plaintiffs, these claims flow from the operation of Old GM's automaker business. That is, the ignition switch defect was there, but was not yet so patent that an individual could, as a practical matter, bring a case in court. It seems unlikely that a bankruptcy court would have casually approved a “free and clear” provision while these investigations into the ignition switch defect's precise nature were still ongoing.

Both properties have hard deposits with the buyers and are expected to close in the third quarter of 2017.

The contract price for both properties is expected to generate net proceeds to the Trust consistent with the Trust’s estimated net assets in liquidation attributable to these assets at December 31, 2016.




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