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IN RE FOURTHSTAGE TECHNOLOGIES, INC.

Bankruptcy No. 2:01BK17604-EWH, Adversary No. 2-03-00962.

355 B.R. 155 (2006)

In re FOURTHSTAGE TECHNOLOGIES, INC., Debtor. MCA Financial Group, Ltd., as Trustee for the Fourthstage Technologies, Inc., Liquidating Trust, Plaintiff, v. Hewlett-Packard, Defendant.

United States Bankruptcy Court, D. Arizona.

November 15, 2006.

Attorney(s) appearing for the Case

Christopher H. Bayley, Esq., Jonathan M. Saffer, Esq., Snell & Wilmer L.L.P., Phoenix, AZ, for MCA Financial Group, Ltd., as Trustee for the Fourthstage Technologies, Inc. Liquidating Trust.

Cecily A. Dumas, Esq., Brandon C. Chaves, Esq., San Francisco, CA, Larry G. Haddy, Esq., Howard C. Myers, Esq., Burch & Cracchiolo, PA, Phoenix, AZ, for Hewlett-Packard Company.

MEMORANDUM DECISION

EILEEN W. HOLLOWELL, Bankruptcy Judge.

INTRODUCTION

MCA Financial Group, Ltd., as Trustee for the Fourthstage Technologies, Inc. Liquidating Trust ("Trustee"), sued Hewlett-Packard ("HP") to recover payments made by Fourthstage Technologies, Inc. ("Fourthstage" or "Debtor") to HP in 2001, pursuant to a settlement agreement. The Trustee seeks to set aside the payments as avoidable...

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