TABERNA CAPITAL MANAGEMENT, LLC v. DUNMORE

No. 08 Civ. 1817(JSR).

392 B.R. 559 (2008)

TABERNA CAPITAL MANAGEMENT, LLC, Plaintiff, v. Sidney B. DUNMORE, Michael A. Kane, and DHI Development f/k/a Dunmore Homes, LLC, Defendants.

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

August 26, 2008.


Attorney(s) appearing for the Case

Kenneth Gary Roberts, Wolf Block Schorr and Solis-Cohen, LLP(NYC), New York, NY, for Taberna Capital Management, L.L.C.

Beth Ann R. Young, David L. Neale, Michelle S. Grimberg, Levene, Neale, Bender, Rankin & Brill L.L.P., Los Angeles, CA, Michael A. Kane, Diepenbrock Harrison, Sacramento, CA, Stephen Wagner, Cohen Tauber Spievack & Wagner, L.L.P. New York, NY, for Sidney B. Dunmore.


MEMORANDUM ORDER

JED S. RAKOFF, District Judge.

Pursuant to the Memorandum Order dated July 14, 2008 and the Order dated July 25, 2008, the Court has received a response to its Memorandum Order from Bankruptcy Trustee Thomas A. Aceituno and comments on the Trustee's response from the parties. These submissions raise only two issues that necessitate discussion beyond that already contained in the Court's July 14, 2008 Memorandum Order.

First...

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