Notice is hereby given that on July 14, 2010, a proposed Settlement Agreement in the bankruptcy matter, Old Carco LLC (f/k/a Chrysler LLC), et al., Jointly Administered Case No. 09-50002 (AJG), was lodged with the United States Bankruptcy Court for the Southern District of New York. The Settlement Agreement resolves claims of the Environmental Protection Agency (?EPA?) against the Old Carco Liquidation Trust (?Old Carco?), as successor in interest to Old Carco LLC (formerly known as Chrysler LLC), for response costs and civil penalties under the Comprehensive Environmental Response, Compensation, and Liability Act (?CERCLA?), 42 U.S.C. 9601-9675,Start Printed Page 42786with respect to Behr Dayton Thermal Systems VOC Plume Superfund Site (?Behr Dayton?).
Under the Settlement Agreement, EPA will receive an allowed general unsecured claim with respect to response costs incurred by the EPA with respect to Behr Dayton in the amount of $26,000,000. The EPA will receive an allowed general unsecured claim with respect to civil penalties in the amount of $5,000,000. Accordingly, the total amount of the EPA's allowed general unsecured claim will be $31,000,000. The allowed general unsecured claim with respect to civil penalties, however, shall be subordinated under the plan of confirmation to other allowed general unsecured claims.
Upon the effective date of the settlement agreement, the United States will also receive a cash payment of $500,000, which will be applied to Behr Day