UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT of NEW YORK ------X in Re: for PUBLICATION
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------x In re: FOR PUBLICATION MOTORS LIQUIDATION COMPANY, f/k/a Chapter 11 GENERAL MOTORS CORPORATION, et al., Case No. 09-50026 (MG) (Jointly Administered) Debtors. -----------------------------------------------------------------------x MEMORANDUM OPINION AND ORDER DENYING AMERICAN AXLE’S MOTION TO INCLUDE THE TONAWADA FORGE SITE IN THE RACER TRUST OR TO FILE A LATE CLAIM AGAINST THE GUC TRUST A P P E A R A N C E S: HODGSON RUSS LLP Counsel for American Axle & Manufacturing, Inc. 140 Pearl Street, Suite 100 Buffalo, New York 14202 By: James C. Thoman, Esq. Jeffrey C. Stravino, Esq. DRINKER BIDDLE & REATH LLP Counsel for the GUC Trust 1177 Avenue of the Americas, 41st Floor New York, New York 10036 By: Kristen K. Going, Esq. Marita S. Erbeck, Esq. UNITED STATES ATTORNEY’S OFFICE, SOUTHERN DISTRICT OF NEW YORK Counsel for the United States of America 86 Chambers Street, Third Floor By: David S. Jones, Esq. THOMPSON & KNIGHT LLP Counsel for the RACER Trust 900 Third Avenue, 20th Floor By: Michael V. Blumenthal, Esq. MARTIN GLENN UNITED STATES BANKRUPTCY JUDGE Pending before the Court is American Axle & Manufacturing, Inc.’s (“American Axle”) motion (“Motion,” ECF Doc. # 14393), seeking to include in the Revitalizing Auto Communities Environmental Response Trust (“RACER Trust”) real property located at 2390 and 2392 Kenmore Avenue, Tonawanda, New York (the “Site”). In the alternative, American Axle seeks to file a late claim against the General Unsecured Creditors Trust (“GUC Trust”). In support of the Motion, American Axle filed its memorandum of law (“American Axle’s Brief,” ECF Doc.
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