IN RE MARKETXT HOLDINGS CORP.

Nos. 04-12078, 05-13470.

347 B.R. 156 (2006)

In re MARKETXT HOLDINGS CORP., et al., Debtor. In re Epoch Investments, L.P., Debtor.

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

August 11, 2006.


Attorney(s) appearing for the Case

Denner & Pellegrino, LLP, by Alexander Cataldo, Esq., Norwell, MA, by Gary G. Pelletier, Boston, MA, for, Movants.

Golenbock, Eiseman, Assor, Bell & Peskoe, LLP, by Jonathan L. Flaxer, Esq., Laura Sulem, Esq., New York, NY, for Respondent.


MEMORANDUM OF OPINION DENYING MOTION TO DISMISS AND RESERVING JUDGMENT ON THE APPOINTMENT OF A CHAPTER 11 TRUSTEE

ALLAN L. GROPPER, Bankruptcy Judge.

Before the Court is a motion by Empyrean Investment Fund, L.P. ("EIF") for an order (i) dismissing the Chapter 11 case of the debtor, Epoch Investments, L.P. f/k/a Empyrean Investments, L.P. (the "Debtor" or "Epoch"), for lack of subject matter jurisdiction, or in the alternative, (ii) directing...

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