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IN RE MARKETXT HOLDINGS, CORP.

Nos. 04-12078 (ALG), 09 Civ. 7287(PKC).

428 B.R. 579 (2009)

In re MARKETXT HOLDINGS, CORP., Mkxt, LLC, Marketxt, Inc. And Epoch Investments, LP f/k/a Empyrean Investments, LP, Debtor. Chimera Capital, L.P., Gblatt LLC, Jared Gerstenblatt And Fat Boys Partners, LLC, Appellants, v. Alan Nisselson, Distribution Agent and Responsible Officer for Marketxt Holdings Corp., Appellee.

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

April 15, 2010.

Attorney(s) appearing for the Case

Christopher J. Battaglia, Halperin Battaglia Raicht, LLP, New York, NY, Stephen F. Gordon, Thompson Coburn LLP, Saint Louis, MO, for Chimera Capital, L.P.

Howard L. Simon, Windels Marx Lane & Mittendorf LLP, New York, NY, for Alan Nisselson.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge.

This is an appeal from the August 5, 2009 order (the "Order") of the United States Bankruptcy Court for the Southern District of New York (Allan L. Gropper, U.S.B.J.) granting the motion of Alan Nisselson, the former Chapter 11 Trustee and the current Distribution Agent and Responsible Officer of the Debtor (the "Responsible Officer") seeking retroactive annulment of the automatic stay for an award...

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