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IN RE RCM GLOBAL LONG TERM CAP. APPRECIATION FUND, LTD.

Bankruptcy No. 96 B 42635 (TLB).

200 B.R. 514 (1996)

In re RCM GLOBAL LONG TERM CAPITAL APPRECIATION FUND, LTD., Debtor.

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

As Corrected September 18, 1996.

Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton by Lindsee P. Granfield, Jonathan I. Blackman, Steven M. Knecht, Carmine D. Boccuzzi, for Daiwa America Corporation.

Schulte, Roth & Zabel LLP by Jeffrey S. Sabin, Carol Weiner Levy, Harry S. Davis, Alexander J. Ornstein, Caroline Krass Levy, New York City, for RCM Global Long Term Appreciation Fund, Ltd.

Berlack, Israels & Liberman, LLP by Stephen B. Selbst, New York City, for Rowayton Capital Management, Ltd. and Rowayton Capital Management, Inc.

MEMORANDUM OPINION ON DAIWA'S MOTION TO DISMISS

TINA L. BROZMAN, Chief Judge:

This motion to dismiss a chapter 11 case as a bad faith filing presents a bizarre twist on the more typical scenarios giving life to such requests for relief. Daiwa America Corporation ("Daiwa"), acting as a broker for RCM Global Long Term Capital Appreciation Fund, Ltd. (the "Debtor"), a foreign mutual fund, set off the Debtor's entire capital on account of the indebtedness, not...

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