ORDERS that the FDIC’s Motion for Summary Judgment (Docket No. 39) is DENIED;
FURTHER ORDERS that the Trustee’s Motion for Summary Judgment (Docket No. 44) is GRANTED;
FURTHER ORDERS and DECLARES that the Tax Refund, along with accrued interest, if any, is property of the UW Bancorp estate; and
FURTHER ORDERS that the Trustee’s objection to the FDIC Claim is SUSTAINED. The FDIC Claim shall only be allowed as a non-priority, general unsecured claim in the amount of $4,081,335; and
FURTHER ORDERS that the Trustee’s Section 542 claim for turnover is MOOT; and
FURTHER ORDERS that Judgment shall enter in favor of the Trustee and against the FDIC in accordance with this Opinion and Order; and
FURTHER ORDERS that in the absence of an appeal of this Opinion and Order and the entry of a stay pending that appeal, upon proper application by the Trustee, the Court may enter an Order directing the Clerk of the Court to disburse the Tax Refund amount deposited in the Registry of the Court, along with accrued interest, if any, to the Trustee.
DATED: September 16, 2016
BY THE COURT:
_____________________________ Thomas B. McNamara, United States Bankruptcy Judge
