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IN RE COMMISSARY OPERATIONS, INC. (Bankr.M.D.Tenn. 1-7-2010)

United States Bankruptcy Court, M.D. Tennessee.
Jan 7, 2010
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ORDER

MARIAN HARRISON, Bankruptcy JudgePage 2

In accordance with the Memorandum Opinion entered contemporaneously with this Order, the debtor's motions for declaratory judgment are DENIED, the defendants' objections to the debtor's motions are SUSTAINED, and the defendants' motions for partial summary judgment are GRANTED. Specifically, deliveries entitled to 11 U.S.C. § 503(b)(9) claim status are not disqualified from constituting new value for purposes of 11 U.S.C. §§ 547(a)(2) and 547(c)(4), as a matter of law.

IT IS SO ORDERED.