IN RE MF GLOBAL HOLDINGS LTD.

Case No. 11-15059 (MG) Adv. Pro. Case No. 19-01379 (MG) Case No. 16-10992 (SMB) Adv. Pro. Case No. 19-01443 (SMB).

615 B.R. 415 (2020)

IN RE: MF GLOBAL HOLDINGS LTD., et al., Debtors. MF Global Holdings Ltd., as Plan Administrator, Plaintiffs, v. William K. Harrington, in his official capacity as United States Trustee for Region 2; Clifford J. White III, in his official capacity as Director of the United States Trustee Program; and the United States Trustee Program, Defendants. In re: SunEdison, Inc., et al., Debtors. SunEdison, Inc., et al., Plaintiff, v. United States of America, Defendant.

United States Bankruptcy Court, S.D. New York.

Dated: New York, NY April 24, 2020.


Attorney(s) appearing for the Case

JONES DAY, Attorneys for the Plaintiffs and MF Global Holdings Ltd., as Plan Administrator, 51 Louisiana Avenue, N.W., Washington, DC 20001, By: Christopher DiPompeo, Esq. , -and- 250 Vesey Street, New York, NY 10281, By: Bruce Bennett, Esq. , Jane Rue Wittstein, Esq. , Furqaan Siddiqui, Esq.

AKERMAN LLP, Attorneys for the Plaintiffs and SunEdison, Inc., as Reorganized Debtors, 2001 Ross Avenue, Suite 3600, Dallas, TX 75201, By: David W. Parham, Esq. , (Admitted Pro Hac Vice), -and- 420 South Orange Avenue, Suite 1200, Orlando, FL 32801, By: Esther A. McKean, Esq. (Admitted Pro Hac Vice) -and- 666 Fifth Avenue, 20th Floor, New York, NY 10103, BY: John P. Campo, Esq.

DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES TRUSTEES, Attorneys for the Defendants 441 G Street, N.W., Suite 6150, Washington, DC 20530, By: Wendy Cox, Esq. (Admitted Pro Hac Vice), Ramona D. Elliott, Esq. , P. Matthew Sutko, Esq. , Beth A. Levene, Esq. , Melanie D. Hendry, Esq. , Sumi Sakata, Esq.

DEPARTMENT OF JUSTICE, OFFICE OF THE UNITED STATES TRUSTEE, Attorneys for the Defendants, 201 Varick Street, Room 1006, New York, NY 10014, By: William K. Harrington, Esq. , Linda A. Riffkin, Esq. , Benjamin J. Higgins, Esq. , Brian Masumoto, Esq. , Andrew Velez-Rivera, Esq.

GEOFFREY S. BERMAN , UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF NEW YORK, Attorneys for the Defendants, 86 Chambers Street, 3rd Floor, New York, NY 10007, By: Peter Aronoff, Esq. , Talia Kraemer, Esq.


MEMORANDUM OPINION RESOLVING CROSS-MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION1

This joint opinion addresses common issues of fact and law raised by...

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