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IN RE FOAMEX INTERN. INC.

No. 05-12685-KG, Civil Action No. 07-212-JJF.

382 B.R. 867 (2008)

In re FOAMEX INTERNATIONAL INC., Reorganized Debtor. The Bank of New York, as Indenture Trustee, Appellant, v. Foamex International Inc., Appellee.

United States District Court, D. Delaware.

February 28, 2008.

Attorney(s) appearing for the Case

Glenn E. Siegel, Esquire; Ross L. Hirsch, Esquire and Davin J. Hall, Esquire of Dechert LLP, NY, New York. Laurie Selber Silverstein, Esquire and Gabriel R. MacConaill, Esquire of Potter Anderson & Corroon LLP, Wilmington, DE, for Appellant.

Pauline K. Morgan, Esquire; Joseph M. Barry, Esquire and Kenneth J. Enos, Esquire of Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for Appellee.

MEMORANDUM OPINION

JOSEPH J. FARNAN, JR., District Judge.

Pending before the Court is an appeal from the March 23, 2007 Order Denying The Request Of The Bank Of New York, As Indenture Trustee, To Compel The Reorganized Debtors To Pay Post-Maturity Compound Interest On The 2005 Notes (the "Order") issued by the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"). For the reasons discussed, the Court will reverse the...

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