Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:04-cv-01551-JJF Document 371-7 Filed 10/O4/2007 Page1 0f3
EXHIBIT 6

Case 1:04-cv-01551-JJF Document 371-7 Filed 10/O4/2007 Page 2 of 3
EXHIBIT 6
Trustee’s Statement of Issues of Law that Remain to be Litigated
Plaintiff the Trustee expects to present the below listed issues of law at trial. To the
extent that any issues of fact set forth in Statement of Issues of Fact of the Joint Pretrial Order
may be considered issues of law, the Trustee incorporates those portions by reference.
The Trustee has provided legal citations in support of each issue of law. The Trustee expressly
reserves the right to cite additional legal support, if appropriate.
Issues of Law to be Presented:
1. Whether Gagne andthe Family Defendants were insiders of SFC.
ll USCS § 1.01
In re Student Finance Com., 335 B. R. 539 (D. Del. 2005)
I_g;_;;_§;_Qg__m__@, 1998 U.S. App. LEXIS 3070 (4th Cir. 1998)
1;;;_e_Dg_1_;@, 264 B.R. 404 (Bankr. W.D; Pa. 2001)
Official Comm. ofUnsecured Creditors v. Shapiro, 2001 U.S. Dist. LEXIS 18734
(E.D. Pa. 2001)
2. Whether certain payments to the Family Defendants are voidable as preferences.
ll USCS § lOl
11 USCS § 547
3. Whether certain payments to the Family Defendants were fraudulent conveyances under
Bankruptcy Law.
11 USCS § 544
11 USCS § 548
ll USCS § 550
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Case 1:04-cv-01551-JJF Document 371-7 Filed 10/O4/2007 Page 3 of 3
4. Whether certain payments to the Family Defendants were fraudulent cenveyances under
the applicable Pennsylvania statute.
12 Pa. C.S. § 510t—5lt9
5 , Whether the Trustee is entitled to prejudgment interest 011 any damages awarded against
the Family Defendants.
Tekstmm. Inc. v. Savla, 2005 WL 3589401 (De1.Ct.C0m.P. Nov. 2, 2005)
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