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IN RE TWA INC. POST CONFIRMATION ESTATE

Bankruptcy No. 01-0056 (PJW). Adversary No. 03-7010(PJW).

312 B.R. 759 (2004)

In re TWA INC. POST CONFIRMATION ESTATE, Debtor. TWA Inc. Post Confirmation Estate, Plaintiff, v. United States Department of Agriculture, Defendant.

United States Bankruptcy Court, D. Delaware.

August 6, 2004.

Attorney(s) appearing for the Case

Laura Davis Jones, James E. O'Neill, Michael P. Migliore, Pachulski, Stang, Ziehl, Young, Jones & Weintraub P.C., Wilmington, DE, James H.M. Sprayregen, Janet S. Baer, Jeffrey W. Gettleman, Kirkland & Ellis LLP, Chicago, IL, Co-Counsel for TWA, Inc. Post Confirmation Estate.

Peter D. Keisler, Assistant Attorney General Civil Division, Richard G. Andrews, United States Attorney for The District of Delaware, Ellen W. Slights, Assistant United States Attorney, Wilmington, DE, J. Christopher Kohn, Tracy J. Whitaker, Ruth A. Harvey, Senior Trial Counsel, United States Department of Justice, Washington, D.C., Counsel for the United States, on behalf of the United States Department of Agriculture.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the motion for summary judgment (Doc. #16) filed by the TWA Inc. Post Confirmation Estate ("TWA"). The United States Department of Agriculture ("USDA") filed a proof of claim, alleging its claim is secured. TWA filed its complaint asserting the claim should be reclassified as unsecured. For the reasons set forth below, the summary judgment motion will be granted.

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