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IN RE BANKEST CAPITAL CORP.

Bankruptcy No. 04-10941 BKC AJC, Adversary No. 06-1495-BKC-AJC-A.

361 B.R. 263 (2006)

In re BANKEST CAPITAL CORP., Debtor. Banco Espirito Santo International, Ltd., Plaintiff, v. Diana Jean Garmendia, Defendant.

United States Bankruptcy Court, S.D. Florida, Miami Division.

October 4, 2006.

Attorney(s) appearing for the Case

Paul A. Avron, Esq., Miami, FL, for Banco Espirito Santo International Ltd, Plaintiff.

R. Thomas Farrar, Esq., Miami, FL, for Diana Jean Garmendia, Defendant.

Paul Steven Singerman, Esq, Miami, FL, for Banco Espirito Santo International Ltd., Plaintiff.

ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COMPLAINT SEEKING SUBORDINATION OF CLAIM ASSERTED BY DIANA GARMENDIA PURSUANT TO 11 U.S.C. § 510(b)

A. JAY CRISTOL, Chief Judge.

THE MATTER came before the Court on August 10, 2006 at 2:00 p.m. in Miami, Florida on the Motion of Plaintiff Banco Espirito Santo International, Ltd. ("BSIL") for partial summary judgment (the "Motion") (C.P.# 7) on Count I of...

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