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IN RE TSIC, INC.

Bankruptcy No. 08-10322 (KG). Adversary No. 08-51902 (KG).

428 B.R. 103 (2010)

In re TSIC, INC., f/k/a The Sharper Image, Corporation, Debtor. TSIC, Inc., f/k/a The Sharper Image, CORPORATION, v. Richard Thalheimer, Defendant.

United States Bankruptcy Court, D. Delaware.

April 28, 2010.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, PLLC, Steven K. Kortanek, Esquire, Wilmington, DE Weil, Gotshal & Manges LLP, Harvey R. Miller, Esquire, Alan R. Kusinitz, Esquire, Abigail Zigman, Esquire, New York, NY, for TSIC, INC., f/k/a The Sharper Image Corporation/Plaintiff.

Bifferato Gentilotti LLC, Garvin F. McDaniel, Esquire, Wilmington, DE, St. James Law, P.C., Michael St. James, Esquire, San Francisco, CA, for Richard Thalheimer/Defendant.

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

KEVIN GROSS, Bankruptcy Judge.

I. INTRODUCTION1

On December 31, 2008, TSIC, Inc. f/k/a Sharper Image Corporation (the "Debtor"), filed a complaint commencing this adversary proceeding seeking to avoid a $6,055,000 severance payment made to former director and Chief Executive Officer ("CEO") Richard Thalheimer ("Thalheimer"). The Court has...

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