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IN RE AMERICA CAPITAL CORP.

Bankruptcy No. 06-12645-BKC-AJC. Adversary No. 09-01255-BKC-AJC.

425 B.R. 714 (2010)

In re AMERICA CAPITAL CORPORATION, Debtor. Estate of Samuel Adler, Jack D. Burnstein, Estate of Harold Brown, Roberto Duenas, Robert Turchin, Estate of Robert Sanders, and Harvey Tolin, Plaintiffs, v. Suntrust Bank, N.A. as indenture trustee for that certain $80,000,000 issue of American Capital Corporation 8.40% Subordinated Notes due 1993, Defendant.

United States Bankruptcy Court, S.D. Florida.

February 17, 2010.

Attorney(s) appearing for the Case

Geoffrey S. Aaronson, Esq., Miami, FL, for Plaintiffs.

John B. Hutton, III, Miami, FL, for Defendant.

OPINION AND ORDER GRANTING MOTION OF DEFENDANT SUNTRUST BANK TO DISMISS ADVERSARY COMPLAINT

A. JAY CRISTOL, Bankruptcy Judge.

THIS MATTER came before the Court for hearing on June 30, 2009, upon the Motion to Dismiss [DE # 12] (the "Motion") the First Amended Complaint for Declaratory Judgment that Plaintiffs are Holders of Senior Indebtedness Under Confirmed Plan of Reorganization [DE # 11] (the "Amended Complaint") of plaintiffs...

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