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IN RE BANKRUPTCY ESTATE OF MIDLAND EURO EXCHANGE

Bankruptcy No. SV 03-13981-GM, SV 03-13982-AG, SV 03-13986-AG, SV 03-13987-AG, SV 03-13989-AG, Adversary No. AD 05-01381-GM.

347 B.R. 708 (2006)

In re Substantively Consolidated Bankruptcy Estates of MIDLAND EURO EXCHANGE INC.; Midland Euro, Inc.; Midland Group Inc.; Moshe Leichner and Zvi Leichner, Debtors. Christopher R. Barclay, as trustee of the herein Substantively Consolidated Bankruptcy Estates of Midland Euro Exchange, Inc., Midland Euro, Inc., Midland Group, Inc., Moshe Leichner, and Zvi Leichner, Plaintiff, v. Swiss Finance Corporation Limited, aka Swiss Finance Corporation, a foreign company; and Does 1-10, Inclusive, Defendants.

United States Bankruptcy Court, C.D. California, San Fernando Valley Division.

August 16, 2006.

Attorney(s) appearing for the Case

Christopher Barclay, Trustee LECG, LLC, Costa Mesa, CA, Chapter 7 Trustee.

Leonard I. Gumport, Aleksandra Zimonjic, Gumport Reitman, Los Angeles, CA, for Christopher Barclay, Chapter 7 Trustee.

MEMORANDUM OF OPINION RE MOTION TO DISMISS PURSUANT TO F.R.C.P. 12(b)(6)

GERALDINE MUND, Bankruptcy Judge.

I. INTRODUCTION

This action is one of many proceedings stemming from a massive Ponzi scheme run in Southern California between 1999 and 2003. The complaint alleges that beginning in 1999, Midland Euro, Inc. (MEI), Midland Euro Exchange, Inc. (MEEI), Midland Group, Inc. (MGI), and other related entities...

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