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 defendantsâ€) 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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