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IN RE TRIGEM AMERICA CORP.

Bankruptcy No. 8:05-BK-13972-TA. Adversary No. 8:07-AP-01140-TA.

431 B.R. 855 (2010)

In re TRIGEM AMERICA CORPORATION, Debtor(s). Keith F. Cooper, Plaintiff(s), v. Centar Investments (Asia) Ltd, CQS Convertible & Qualitative Strategies Master Fund, Credit Suisse (Hong Kong) Limited, Credit Suisse International, Credit Suisse Securities (Europe) Limited, Stark Asia Master Fund Ltd, Defendant(s).

United States Bankruptcy Court, C.D. California.

June 8, 2010.

Attorney(s) appearing for the Case

Christopher T. Williams, Douglas C. Emhoff, Jennifer Levin, Venable LLP, Los Angeles, CA, for Plaintiff.

Aluyah I. Imoisili, Delilah Vinzon, Fred Neufeld, Jerry L. Marks, Milbank Tweed Hadley & McCloy LLP, Los Angeles, CA, for Defendants.

STATEMENT OF DECISION ON MOTIONS FOR SUMMARY JUDGMENT

THEODOR C. ALBERT, Bankruptcy Judge.

The trustee's and defendants' cross motions for summary judgment were heard April 8, 2010. After oral argument the Court took the motions under submission. This case requires an analysis of the elements of fraudulent conveyance as may be affected by the "earmarking doctrine" as well as by the statutory safe harbor for swap...

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