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IN RE COLDWAVE SYSTEMS, LLC

Bankruptcy No. 05-11369, Adversary No. 05-01411.

368 B.R. 91 (2007)

In re COLDWAVE SYSTEMS, LLC, Debtor. Joseph Braunstein, Trustee, Plaintiff v. Gateway Management Services Limited, Defendant.

United States Bankruptcy Court, D. Massachusetts.

May 15, 2007.

Attorney(s) appearing for the Case

Mark W. Corner, Riemer & Braunstein, Boston, MA, for Plaintiff.

J. Stephen Simms, Simms Showers LLP, Baltimore, MA, for Defendant.

MEMORANDUM OF DECISION ON LIABILITY ONLY

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. Introduction

Joseph Braunstein, Chapter 7 Trustee (the "Trustee") of Coldwave Systems, LLC (the "Debtor") brought this multi-count adversary proceeding against Gateway Management Services Limited ("Gateway") to avoid a security interest which Gateway claimed in a certain patent (the "Patent"). The Trustee moved to stay so much of the complaint as seeks damages...

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