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IN RE BCP MANAGEMENT, INC.

Bankruptcy No. 02-10875(PJW). Adversary No. 04-5310KPJW).

320 B.R. 265 (2005)

In re BCP MANAGEMENT, INC., a Delaware Corporation, Debtor. BCPM Liquidating LLC, Successor In Interest to Debtor BCP Management, Inc., Plaintiff, v. PricewaterhouseCoopers LLP, Defendant.

United States Bankruptcy Court, D. Delaware.

February 8, 2005.

Attorney(s) appearing for the Case

Robert J. Stearn, Jr., Marcos A. Ramos, Richards, Layton & Finger, P.A., Wilmington, DE, Christopher K. Kiplok, Hughes, Hubbard & Reed LLP, New York, N.Y. for PricewaterhouseCoopers LLP.

Mark Minuti, Jeremy W. Ryan, Saul Ewing LLP, Wilmington, DE, Timothy E. Hoeffner, Saul Ewing LLP, Philadelphia, PA, for BCPM Liquidating LLC.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to defendant PricewaterhouseCoopers LLP's ("PwC") motion (Doc. # 12) to dismiss the complaint in the above referenced adversary proceeding. For the reasons set forth below, the motion will be denied, subject to a limited exception.

BACKGROUND

In 1987, Borden, Inc. formed a limited partnership to own and operate various facilities that manufactured and distributed...

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