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IN RE MOTORS LIQUIDATION CO.

Docket No. 13-2187-bk.

755 F.3d 78 (2014)

In re MOTORS LIQUIDATION COMPANY, et al., Debtor, Official Committee of Unsecured Creditors of Motors Liquidation Company, Plaintiff-Appellant v. JP Morgan Chase Bank, N.A., individually and as Administrative Agent for various lenders party to the Term Loan Agreement described herein, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Question Certified: June 17, 2014.

Attorney(s) appearing for the Case

Eric B. Fisher ( Barry N. Seidel , Katie L. Weinstein , Jeffrey Rhodes , on the brief), Dickstein Shapiro LLP, New York, N.Y., for Plaintiff-Appellant.

John M. Callagy ( Nicholas J. Panarella , Martin A. Krolewski , on the brief), Kelley Drye & Warren LLP, New York, N.Y., for Defendant-Appellee.

Before: WINTER, WESLEY, AND CARNEY, Circuit Judges.

WESLEY, Circuit Judge:

In October 2001, General Motors entered into a synthetic lease financing transaction (the "Synthetic Lease"), by which it obtained approximately $300 million in financing from a syndicate of financial institutions. The proceeds were used to acquire and construct facilities on several properties. General Motors' obligation to repay the Synthetic Lease was secured by liens on twelve pieces of real estate. The lenders' security interests in General...

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