SunPower Corporation

Creditor Trustee Steven Balasiano is seeking partial summary judgment against Levi & Korsinsky and Robbins LLP over Proof of Claim Nos. 11860 and 11894, both filed in undetermined amounts. The partial summary judgment motion asks the court to rule that SunPower’s Chancery derivative action and its proceeds vested in the Creditor Trust free and clear of the firms’ asserted charging liens, that any liens were extinguished on the plan’s effective date, and that the claims are not secured.

The dispute affects who can claim priority against recoveries from the Edelman v. TotalEnergies derivative litigation and whether the trust must incur discovery costs concerning confidential mediation and settlement materials. Under the approved briefing schedule, the firms’ responses are due July 31, the trustee’s reply is due August 21, and the court will hear the motion September 10 at 2:00 p.m. A ruling for the trustee would remove the firms’ secured-status theory and preserve any derivative-action proceeds for distribution through the Creditor Trust.