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IN RE HEARTHSIDE BAKING CO., INC.

Bankruptcy No. 08 B 01187. Adversary Nos. 08 A 00237, 08 A 00279.

402 B.R. 233 (2009)

In re HEARTHSIDE BAKING CO., INC., Debtor. Official Unsecured Creditors' Committee of Hearthside Baking Co., Inc. and Wayne Cohen, individually and derivatively as President and beneficial owner of Hearthside Baking Co., Inc., d/b/a Maurice Lenell Cooky Company, Plaintiffs, v. Terry Cohen, Melvin Blum, Marvin Gordon, and Hearthside Baking Co., Inc., d/b/a Maurice Lenell Cooky Company, Defendants. Official Unsecured Creditors' Committee of Hearthside Baking Co., Inc., ex rel. Hearthside Baking Co., Inc., Plaintiff, v. Terry Cohen, Wayne Cohen, Andee Cohen Kochavi, Shimon Kochavi, Florence Barton, Miriam Cohen, Tewaan Corp., Melvin Blum, and Marvin Gordon, Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

February 27, 2009.

Attorney(s) appearing for the Case

Joseph D. Frank, Jeremy C. Kleinman, and Micah R. Krohn of Frank/Gecker LLP, for the Creditors' Committee.

Stephen Scallan and Michael B. Cohen of Staes & Scallan PC, for Wayne Cohen.

Joseph P. Kincaid and Thomas J. Verticchio of Swanson, Martin & Bell, LLP, for Terry Cohen.

Stephen Novack, Monte L. Mann, and Julie Johnston-Ahlen of Novack and Macey LLP, for Melvin Blum.

David E. Gordon of David E. Gordon & Associates, for Marvin Gordon.

William T. Neary, U.S. Trustee.

MEMORANDUM OPINION

JACQUELINE P. COX, Bankruptcy Judge.

In this matter, defendants, Melvin Blum ("Blum"), Marvin Gordon ("Gordon") (together, the "Co-Trustees")1 seek to dismiss both Wayne Cohen's Third Amended Complaint ("Wayne's Complaint") as directed toward them and Counts II and LX of the amended complaint (the "Committee's Complaint") filed by the Official Unsecured Creditors...

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