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U.S. v. STATE STREET BANK AND TRUST CO.

Adv. No. 01-4605(KJC).

520 B.R. 29 (2014)

UNITED STATES of America, et al., Plaintiffs, v. STATE STREET BANK AND TRUST CO., As Trustee for Junior Subordinated Secured PIK Notes, et al., Defendants

United States Bankruptcy Court, D. Delaware.

Signed October 15, 2014.

Attorney(s) appearing for the Case

Joseph J. Bodnar, Esq. , Law Offices of Joseph J. Bodnar, 2101 North Harrison Street, Wilmington, DE, for Scott Cable Communications, Inc. and State Street Bank and Trust Company.

Karen Barris Bragman , Neil C. Gordon , Heather S. Michael , Arnall Golden Gregory LLP, 171 17th Street NW, Atlanta, GA, Kathleen M. Miller , Smith, Katzenstein & Jenkins LLP, 800 Delaware Avenue, Wilmington, DE, for Ronald I. Chorches, Chapter 7 Trustee of Scott Cable Communications, Inc.

Mary Caloway , Buchanan Ingersoll & Rooney PC, Kerri K. Mumford , Landis Rath & Cobb LLP, 919 North Market Street, Wilmington, DE, Abid Qureshi , Akin Gump Strauss Hauer & Feld, LLP, 590 Madison Avenue, New York, NY, for Scott Cable Communications, Inc.

Teresa K.D. Currier , Saul Ewing, 222 Delaware Ave Ste, Wilmington, DE, Mitchell P. Hurley , Akin gump Strauss Hauer & Feld LLP, 590 Madison Avenue, New York, NY, for Scott Cable Communications, Inc.

Lydia D. Bottome , John V. Cardone , Heather L. Richtarcsik , Alan Martin Shapiro , Peter Sklarew , U.S. Department of Justice, Tax Division, Washington, DC, for United States of America.

Kevin J. Mangan , Francis A. Monaco, Jr ., Womble Carlyle Sandridge & Rice, LLP, 222 Delaware Avenue, Wilmington, DE, for State Street Bank and Trust Company.

OPINION1

KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE.

Before the Court is an adversary complaint in which the United States of America, on behalf of the Internal Revenue Service (the "Government" or "IRS"), asks this Court to recharacterize or equitably subordinate certain secured notes issued in 1996 as part of a chapter 11 reorganization plan. The secured notes were issued to two classes of creditors and known as...

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