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Full title: Letter to the Court Regarding Midwest Refineries, LLC's Request for Pre-Motion Conference (related document(s)1971) Filed by Michael Luskin on behalf of Bank Hapoalim B.M., Brown Brothers Harriman & Co., Cooperatieve Rabobank U.A., New York Branch, Hain Capital Investors Master Fund, Ltd., ICBC Standard Bank, Mitsubishi International Corporation, Techemet Metal Trading LLC. (Luskin, Michael) (Entered: 05/06/2021)

Document posted on May 5, 2021 in the bankruptcy, 2 pages and 0 tables.

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This firm is counsel to Coöperatieve Rabobank U.A., New York Branch, Brown Brothers Harriman & Co., Bank Hapoalim B.M., Mitsubishi International Corporation, ICBC Standard Bank Plc, Techemet Metal Trading LLC and Hain Capital Investors Master Fund, Ltd. I write in response to the May 5, 2021 letter from counsel for Midwest Refineries, LLC (“Midwest”) requesting a pre-motion conference.While the Senior Lenders disagree that Midwest filing a summary judgment motion would promote judicial economy given the indisputable fact that all scrap metal delivered by Midwest to the Debtors was commingled and refined long before the petition date and cannot be traced, the Senior Lenders have no objection to the Court scheduling a conference. While Judge Lane did not include Midwest in “Silo One” in the Bucket One decision, Judge Lane did not rule on the Senior Lenders’ motion against Midwest and the other remaining Bucket One customers.Nonetheless, the Bucket One decision, as well as Judge Lane’s subsequent decision on the Premier Gold summary judgment motion (ECF No. 1939), foreclose any possibility of Midwest succeeding on its ownership claim because it was simply impossible for the Debtors to return silver derived from the scrap metal delivered by Midwest.

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USKIN TERN ISLER 50 MAIN STREET WHITE PLAINS, NEW YORK 10606 Telephone: (212) 597-8200 Telecopier: (212) 597-8240 May 6, 2021 VIA E-MAIL AND ECF The Honorable David S. Jones United States Bankruptcy Court for the Southern District of New York One Bowling Green, Room 501 New York, New York 10004 Re: In re: Miami Metals I Inc., et al., Case No. 18-13359 (SHL) Dear Judge Jones: This firm is counsel to Coöperatieve Rabobank U.A., New York Branch, Brown Brothers Harriman & Co., Bank Hapoalim B.M., Mitsubishi International Corporation, ICBC Standard Bank Plc, Techemet Metal Trading LLC and Hain Capital Investors Master Fund, Ltd. (collectively, the “Senior Lenders”) in this case. I write in response to the May 5, 2021 letter from counsel for Midwest Refineries, LLC (“Midwest”) requesting a pre-motion conference. While the Senior Lenders disagree that Midwest filing a summary judgment motion would promote judicial economy given the indisputable fact that all scrap metal delivered by Midwest to the Debtors was commingled and refined long before the petition date and cannot be traced, the Senior Lenders have no objection to the Court scheduling a conference. For the sake of clarifying the record, the Senior Lenders note that their summary judgment motion against Midwest and certain other Bucket One customers remains pending. (ECF No. 938.) While Judge Lane did not include Midwest in “Silo One” in the Bucket One decision, Judge Lane did not rule on the Senior Lenders’ motion against Midwest and the other remaining Bucket One customers. (ECF No. 1317.) Nonetheless, the Bucket One decision, as well as Judge Lane’s subsequent decision on the Premier Gold summary judgment motion (ECF No. 1939), foreclose any possibility of Midwest succeeding on its ownership claim because it was simply impossible for the Debtors to return silver derived from the scrap metal delivered by Midwest. Midwest is, therefore, at most an unsecured creditor. Additionally, we note that the Litigation Trustee has asserted a substantial preference claim against Midwest that will be implicated by the disposition of this ownership dispute. (ECF No. 1967.) We suggest that an effort be made to mediate all claims before engaging in further motion practice. Retired Bankruptcy Judge James Peck just successfully mediated a much larger set of ownership and preference claims in this case, and the Senior Lenders would be amenable to have having Judge Peck serve as mediator again.

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Page 2 We are available for a conference at the Court’s convenience. Respectfully submitted, /s/ Michael Luskin Michael Luskin Cc. Nicole A. Leonard, Esq. (nleonard@mdmc-law.com) Gary D. Bressler, Esq. (gbresssler@mdmc-law.com) Julie B. Teicher, Esq. (jteicher@maddinhauser.com) David M. Eisenberg, Esq. (deisenberg@maddinhauser.com) Scott Ziluck, Esq. (sziluck@halperinlaw.net) Alan Halperin, Esq. (ahalperin@halperinlaw.net) Donna Lieberman, Esq. (dlieberman@halperinlaw.net)

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