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IN RE CROSS MEDIA MARKETING CORP.

Bankruptcy No. 03-13901(BRL). Adversary No. 05-03060(MG).

367 B.R. 435 (2007)

In re CROSS MEDIA MARKETING CORPORATION, et al., Debtors. In re Cross Media Marketing Corporation and Media Outsourcing, Inc., Plaintiffs, v. CAB Marketing, Inc. d/b/a Community Reading Club of Canton and Carol Bolak, Defendants.

United States Bankruptcy Court, S.D. New York.

April 25, 2007.

Attorney(s) appearing for the Case

Storch Amini & Munves PC by Kevin Fritz, Esq., New York, NY, for Plaintiffs.

Wander & Associates, P.C. by David H. Wander, Steven I. Super, New York, NY, for Defendants.

MEMORANDUM OF OPINION

MARTIN GLENN, Bankruptcy Judge.

This adversary proceeding, easily resolved once the merits are reached, presents a thicket of legal issues — post-confirmation subject matter jurisdiction, res judicata and other equitable defenses (and whether those unpleaded affirmative defenses were waived), standing to assert the claims contained in the complaint, amendment of the pleadings pursuant to FED.R.Civ.P. 15 to conform...

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