Free Motion to Strike - District Court of Delaware - Delaware

Case 1 :04-cv-01551-JJF Document 317-4 Filed 08/28/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: : l
STUDENT FINANCE CORPORATION, :
Debtor. :
: CIVIL ACTION No. 04-1551 (JJF) 1
CHARLES A. STANZIALE, JR., :
CHAPTER 7 TRUSTEE OF STUDENT :
FINANCE CORPORATION, :
Piamurr Q
v. :
PEPPER HAMILTON LLP, et al.,
Defendants.
[PROPOSED] ORDER GRANTIN G THE FAMILY DEFENDANTS’ MOTION
TO STRIKE THE TRUSTEE’S IMPROPER DAMAGE CLAIMS
AND NOW, this day of , 2007, upon
consideration of the Motion of defendants Robert L. Bast, Pamela Bashore Gagné, the Brennan
Trusts and W. Roderick Gagné as Trustee of the Brennan Trusts (the "Family defendants”) To
Strike the.Trustee’s Improper Damage Claims and the responses thereto, it is hereby
I ORDERED that the following damage claims asserted in the Trustee’s July 10,
2007 Disclosure Statement are hereby stricken: (1) the asserted overpayment of $1,018,500
commitment fees paid to the Family defendants by Student Finance Company ("SFC"); and (2)
the asserted fraudulent conveyance to the Family defendants by redemption of SFC stock for
$6,932,000; and it is
FURTHER ORDERED that the Trustee is precluded from asserted the above-
described damage claims at trial; and it is

Case 1:04-cv—01551-JJF Document 317-4 Filed 08/28/2007 Page 2 of 2
FURTHER ORDERED that the Trustee shall pay the Family defendants’ costs, I
including attomey’s fees, incurred with respect to this Motion.
THE HONORABLE JOSEPH J. FARNAN, JR. _
UNITED STATES DISTRICT COURT JUDGE E
MO607629
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