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<br /> <br />1 <br />2 <br />3 <br />4~ <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />le <br />19 <br />20 <br />Z1 <br />Z2 <br />~3 <br />~4 <br />25 <br />deals With a proof of claim filed by the DspartBeat of Labor <br />is the amount of approziBately~ll.3 Billion dollus. The <br />Department of Labor's c1aiB indicated oa its face that this <br />le Billion dollu c1aiB, pins as additional 2.7 aillion <br />dollu elaiB, 4ras asserted as a eecored elaiB. ?be claim <br />filed by the Dspartaaat of Labor also indicated on its face <br />that the iB aillioa dollar elaiB eras asserted as a priority <br />claim Hader Seetioa 307(a)(7)(C) or (E). <br />Kith respect to the aBOnat of the claim, the <br />Debtor have not filed a notion for enBmary judgment, <br />although those mttezs are disensssd in the Objection and <br />will be resolved is farther proceedings. The notion for <br />sugary judgment before the Conrt today deals only with the <br />secured status cad the pziozity status of the claims asserted <br />by the DspartBeat of Laboz. Couat• III, Iv, V cad vI of the <br />Complaint qo to alleged liens cad security for the Department <br />of Labor's co®plaiat. <br />The Department of Labor has admitted, to part, is <br />its aaswr cad in its sesponsiw pleadings to the notion for <br />eu~ary judgment that it does not have a seeared c1aiB <br />against the Debtors. yocordingly, the Debtors vonlp segnest <br />that the Conrt grant the a+otioa for sn~sry judgment 4rith <br />respect to Coaats ZII, Io, O cad 9I of the Casplaiat cad <br />enter jadgmsnt is their favor declaring thati the Departsaat <br />of ~,abor does not !-ave a secured claim against the Debtozs. <br />