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IN RE AGI SOFTWARE, INC.

Bankruptcy No. 94-28401. Adv. No. 95-2617.

199 B.R. 850 (1995)

In re AGI SOFTWARE, INC., Debtor. EMPLEXX SOFTWARE CORP., Plaintiff, v. AGI SOFTWARE, INC., Bruce H. Levitt, Chapter 7 Trustee and Aptron Corporation, Defendants.

United States Bankruptcy Court, D. New Jersey.

November 3, 1995.

Attorney(s) appearing for the Case

Riker, Danzig, Scherer, Hyland & Perretti by Warren J. Martin, Jr., Louise A. Johnson, Morristown, New Jersey, for Plaintiff.

Mudge, Rose, Guthrie, Alexander & Ferdon by Claudia A. Costa, Parsippany, New Jersey, for Defendant Bruce H. Levitt, Chapter 7 Trustee for AGI Software, Inc.

Ravin, Sarasohn, Cook, Baumgarten Fisch & Baime, P.C. by Mary Ellen Tully, Roseland, New Jersey, for Defendant Aptron Corporation.

OPINION

ROSEMARY GAMBARDELLA, Bankruptcy Judge.

I. ISSUES PRESENTED

The matters before the court are:

(1) a motion for summary judgment brought by Emplexx Software Corp. ("Emplexx") against AGI Software, Inc. ("AGI" or "Debtor"), Bruce H. Levitt, the Chapter 7 Trustee ("Trustee") and Aptron Corp. ("Aptron") in connection with the instant adversary proceeding.

(2) a motion to vacate the automatic stay brought by Emplexx. A...

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