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<br />~ ` <br /> <br /> <br /> 1 <br /> 2 <br />1 <br />r <br />Y <br />3 <br />4 <br />S <br />6 <br />7 <br />e <br />9 <br />30 <br />it <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />2a <br />25 <br />matter that arises in sad relates to CliI's baakrnptcp ease <br />and concerns the allowance sad priority of claims that are <br />ailed against the estate. <br />The parties have sot identified say coatsstsd or <br />disputed issae• of aatazial fact sad, therefore, the Court <br />rill find that it's appropriate to sale oa these partiealu <br />causes of action as iesnes of lsr. <br />My nnderataadiaq is that tbers is ao loayer say <br />dispute that the 52,700.000 claim that was originally filed <br />as a secured claim by the American Bond is sot sow claimed as <br />a secured obligation of this estate sad also that any <br />ozigiaal assertion that there say be a secured claim by <br />operation of any lien wising a• as operation of law has also <br />been rithdrawn by the Department of Labor. <br />I believe that it's appropriate to look at these <br />issues on their serifs, and though there has been an arquaeat <br />raised that the Department of Labor should be collaterally <br />estoppel from raising these azgumeats, I don't believe that <br />that argument is wll taken sad that tae Court ahoald review <br />the assess that Lave been psasaated. , <br />The Depazts~eat of Labor asserts that tae 1• siillioa <br />dollu claim is aatitlad to priority oadar 11 OSC <br />S07(a)(7)(C) or (E). iabseetion (7)(C) relates to to:es <br />required to be collected or withbeld sad for rhich the debtor <br />is liable is whatever capacity. <br /> <br />1 ~. 7u 1 <br />