IN RE TRACE INTERN. HOLDINGS, INC.

Bankruptcy Nos. 99-10425(SMB), 99-10426(SMB), Adversary Pro. Nos. 01-2946 to 01-2948.

289 B.R. 548 (2003)

In re TRACE INTERNATIONAL HOLDINGS, INC., et al., Debtors. John S. Pereira, as Chapter 7 Trustee of Trace International Holdings, Inc., et al., Plaintiff, v. The Equitable Life Insurance Society of the United States, Defendant. John S. Pereira, as Chapter 7 Trustee of Trace International Holdings, Inc., et al., Plaintiff, v. Lambert Brussels Financial Corp., Defendant. John S. Pereira, as Chapter 7 Trustee of Trace International Holdings, Inc., et al., Plaintiff, v. BMA Limited Partnership, Defendant.

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

January 29, 2003.


Attorney(s) appearing for the Case

Jaspan, Schlesinger, Hoffman, LLP, Harold D. Jones, Eugene P. Cimini, Jeffrey Schwartz, Of Counsel, Garden City, NY, Attorneys for Plaintiff.

Debevoise & Plimpton, Lorna G. Schofield, Steven S. Michaels, Of Counsel, New York City, Attorneys for The Equitable Life Insurance Society of the United States and Lambert Brussels Financial Corp.

Simpson, Thacher & Bartlett, John J. Kenney, Of Counsel, New York City, Attorneys for BMA Limited Partnership.


MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS' ALTERNATIVE MOTIONS FOR JUDGMENT ON THE PLEADINGS OR SUMMARY JUDGMENT

STUART M. BERNSTEIN, Chief Judge.

John S. Pereira, the chapter 7 trustee of the estate of Trace International Holdings, Inc. ("Trace"), commenced these adversary proceedings under bankruptcy and state law to avoid and recover actual and constructive fraudulent transfers aggregating $2.1 million. The principal question...

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