IN RE BROADSTRIPE, LLC

Bankruptcy No. 09-10006 (CSS). Adversary No. 09-50966.

444 B.R. 51 (2010)

In re BROADSTRIPE, LLC, et al., Debtors. Official Unsecured Creditors' Committee of Broadstripe, LLC, on behalf of the estate of Broadstripe, LLC, Plaintiff, v. Highland Capital Management, L.P., et al., Defendants.

United States Bankruptcy Court, D. Delaware.

September 2, 2010.


Attorney(s) appearing for the Case

Steven M. Yoder , Etta R. Wolfe , Potter Anderson & Corroon LLP, Wilmington, DE, and David M. Friedman , David J. Mark , Daniel A. Fliman (Argued), Kasowitz, Benson, Torres & Friedman LLP, New York, NY, for Official Committee of Unsecured Creditors of Broadstripe LLC, et al.

David B. Stratton , Pepper Hamilton LLP, Wilmington, DE, and Steven T. Hoort (Argued), Ropes & Gray LLP, Boston, MA, Jared Nagley , Ropes & Gray LLP, New York, NY, for Highland Retail Lenders.

Amanda M. Winfree , Don A. Beskrone , Ricardo Palacio , Ashby & Geddes, P.A., Wilmington, DE, and John P. Melko , Gardere Wynne Sewell, LLP, Houston, TX, Michael P. Cooley , Gardere Wynne Sewell, LLP, Dallas, TX, for Debtors and Debtors in Possession.

Richard W. Riley , Duane Morris LLP, Wilmington, DE, and Lenard M. Parkins (Argued), Trevor R. Hoffmann (Argued), Jonathan Hook , Haynes and Boone, LLP, New York, NY, for Highland Capital Management, L.P. and the Highland Institutional Lenders.


OPINION1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

Before this Court is the Highland Capital Management, L.P. ("HCMLP") and the Highland Institutional Lenders' (collectively referred to herein, and inclusive of HCMLP, "Highland") motion for summary judgment (the "Motion") as to a complaint ("Complaint") filed by the Official Committee of Unsecured Creditors (the "Committee").2 For the...

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