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930. Barclays is in possession, custody and/or control of the Collateral, which is ofsubstantial value or benefit to the estate and which is property belonging to Plaintiff that may beused, sold or leased by Plaintiff.931. To the extent that the Court determines that the Collateral, and the proceeds, productsand profits of the Collateral or its sale, are property of Plaintiff’s estate, then, pursuant to section 542of the Bankruptcy Code, the Court should enter an order directing Barclays immediately to pay andturn over the Collateral, and all proceeds, products and profits of the Collateral or its sale, or thevalue thereof, with interest, to Plaintiff.COUNT 24(Violation of Automatic Stay)932. The allegations of paragraphs 1 through 931 of this Complaint are incorporatedherein by reference.933. Subsequent to the Petition Date, Barclays exercised control over the Collateral and/oracted to dispose of the Collateral and apply the proceeds thereof to offset obligations that Barclaysasserted Plaintiff owed to Barclays. Barclays’ actions included, without limitation, the exercise ofpostpetition setoffs against the Collateral and proceeds of the Collateral.934. The Collateral was property of Plaintiff’s estate.935. Accordingly, Barclays is in violation of the automatic stay provisions of section 362of the Bankruptcy Code, and the Court should enter an order (a) declaring that Barclays has violatedthe automatic stay, (b) declaring that any and all actions taken by Barclays in violation of theautomatic stay provisions of section 362 of the Bankruptcy Code are null and void ab initio, and(c) directing Barclays immediately to take all actions necessary to restore the parties to their relativepositions as they existed on December 2, 2001.604041v1/007457-346-