IN RE VeraSUN ENERGY CORPORATION

Case No. 08-12606 (BLS), (Jointly Administered), Adv. No. 11-53143.

In re: VeraSun Energy Corporation, et al., Reorganized Chapter 11, Debtors. VeraSun Energy Corporation, et al., Plaintiffs, v. West Plains Company, Defendant.

United States Bankruptcy Court, D. Delaware.

June 28, 2013.


Attorney(s) appearing for the Case

THE ROSNER LAW GROUP LLC Frederick B. Rosner, Esq. , Scott J. Leonhardt, Esq. , Wilmington, DE, -and- SILVERMANACAMPORA LLP Lon J. Seidman, Esq. , Jericho, New York, Co-Counsel to the Reorganized Debtors.

KLEHR HARRISON HARVEY BRANZBURG LLP, Domenic E. Pacitti, Esq. , Wilmington, DE, -and- HUSCH BLACKWELL LLP Robert V. Ginn, Esq. , Michael S. Degan, Esq. , Omaha, NE, Counsel for Defendant West Plains Company.


OPINION1

Related to Adv. Docket Nos. 46, 49, & 51.

BRENDAN LINEHAN SHANNON, Bankruptcy Judge.

Before the Court is a motion by West Plains Company ("West Plains")2 to dismiss, or alternatively, to transfer (the "Motion") the Complaint. The Reorganized Debtors initiated this adversary action against West Plains to recover prepetition debts allegedly owed to the Debtors. The Complaint...

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