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Plan's exculpation provision should be narrowed to apply only to estate fiduciaries in accordance with <br />Washington Mutual and related case law. <br />14. The United States Trustee is also aware of a recent decision from the Ninth Circuit <br />where the exculpation clause was extended to a non estate fiduciary. Blixseth v. Credit Suisse, 961 <br />F.3d 1074 (9th Cir. 2020). However, the facts of that case are distinguishable from the situation facing <br />this Court. <br />15. In Blixseth, the Court extended the exculpation clause to include creditor Credit Suisse, <br />who was closely involved in drafting the plan of confirmation, and who also had been the target of <br />much litigation by the Debtor himself. Id. at 1082. The extension of the exculpation clause was <br />specifically done to ensure a stay of the retaliatory litigation by the Debtor. Id. at 1084. In support of <br />the extension of the exculpation to Creditor Suisse, the Ninth Circuit relied on cases from the Third <br />Circuit, including PWS, which limit the liability of non -debtors to estate fiduciaries. See In re PWS <br />Holding Corp., 228 F.3d 224, 245-46 (3d Cir. 2000). Finding only that the PWS court allowed <br />exculpation of non -debtors, the Ninth Circuit did not address the substance of the United States <br />Trustee's current objection — that exculpation provisions should not extend beyond estate fiduciaries. <br />Because the Blixseth decision was based on facts specific to that case and misinterprets Third Circuit <br />law on the issue of exculpation, it should not be considered controlling authority in this matter. <br />WHEREFORE, the United States Trustee respectfully requests that this Court sustain the <br />Objection of the United States Trustee and grant such further relief as this Court deems equitable and <br />just. <br />5 <br />