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IN RE BERNARD L. MADOFF INV. SECURITIES LLC

Bankruptcy No. 08-01789 (BRL). Adversary No. 09-1503 (BRL).

458 B.R. 87 (2011)

In re BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Debtor. Irving H. Picard, as Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Plaintiff, v. Peter B. Madoff, Mark D. Madoff, Andrew H. Madoff, and Shana D. Madoff, Defendants.

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

September 22, 2011.

Attorney(s) appearing for the Case

Baker & Hostetler LLP, By: David J. Sheehan , John Siegal , Marc D. Powers , New York, NY, for Plaintiff, Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, By: Martin Flumenbaum , Stephen J. Shimshak , Andrew J. Ehrlich , Hannah S. Sholl , New York, NY, for Defendant, Andrew H. Madoff, individually and as Executor of the Estate of Mark D. Madoff.

Lankler Siffert & Wohl LLP, By: Charles T. Spada , New York, NY, for Defendant, Peter B. Madoff.

Smith Valliere PLLC, By: Timothy A. Valliere , New York, NY, for Defendant, Shana D. Madoff.

MEMORANDUM DECISION AND ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTIONS TO DISMISS TRUSTEE'S COMPLAINT

BURTON R. LIFLAND, Bankruptcy Judge.

Before this Court are the motions (the "Motions to Dismiss") of Mark D. Madoff1 and Andrew H. Madoff, Peter M. Madoff, and Shana D. Madoff (the "Defendants") seeking to dismiss the complaint (the "Complaint") filed in the above...

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