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IN RE APPLIEDTHEORY CORP.

No. 05 CIV. 5375(NRB).

330 B.R. 362 (2005)

In re APPLIEDTHEORY CORPORATION, et al. Yann Geron, as Chapter 11 Trustee of the Estate of AppliedTheory Corporation, et al., Appellant, v. Palladin Overseas Fund, Ltd., Halifax Fund, L.P., Palladin Partners I, L.P., Deam Convertible Arbitrage Fund, Ltd., Lancer Securities (Cayman), Ltd., Elliott International, L.P., and Elliott Associates, L.P., Appellees.

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

September 21, 2005.

Attorney(s) appearing for the Case

Yann Geron, Fred Stevens, Fox Rothschild LLP, New York City, Counsel for AppliedTheory Corporation.

Duval & Stachenfeld LLP, New York City, Counsel for Palladin Overseas Fund, Ltd.

ORDER AND MEMORANDUM

BUCHWALD, District Judge.

This appeal arises out of a bankruptcy proceeding concerning the dispensation of debtor AppliedTheory Corporation's assets. The appellant debtor claims the Bankruptcy Court erred in holding that the debtor's pre-filing transfer of a security interest in its assets to the appellees (the "lenders") in consideration of an antecedent debt in the form of a $30 million...

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