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Re: 56Chevy post# 452

Friday, 05/17/2013 8:16:30 AM

Friday, May 17, 2013 8:16:30 AM

Post# of 588
BRK bought the ResCap Whole Loan Portfolio via a Section 363 sale.

In the event the Sale is approved under section 363 of the Bankruptcy Code, the consummation of the Sale outside of a plan of reorganization pursuant to the BH Legacy APA neither impermissibly restructures the rights of the Debtors’ creditors nor impermissibly dictates the terms of a liquidating plan of reorganization for the Debtors. The Sale does not constitute a sub rosa plan of reorganization.



"Sub rosa" would be defined as "secret".

Thus, ResCap, ATP and any other Debtor must eventually have a POR or POL confirmed to allocate assets.

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