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IN RE BH S & B HOLDINGS LLC

Bankruptcy No. 08-14604 (MG). Adversary No. 09-01151 (MG).

420 B.R. 112 (2009)

In re BH S & B HOLDINGS LLC, et al., Debtors. Official Committee of Unsecured Creditors, on behalf of Debtors, Plaintiff v. Bay Harbour Master Ltd., et al., Defendants.

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

November 24, 2009.

Attorney(s) appearing for the Case

Robert M. Hirsh, Esq., Arent Fox LLP, New York, NY, Timothy F. Brown, Esq., Arent Fox LLP, Washington, DC, Attorneys for the Official Committee of Unsecured Creditors.

Richard P. Swanson, Esq., Arnold & Porter LLP, New York, NY, Attorneys for York Capital Management LP; James G. Dinan; and Luis Medeiros.

Israel Dahan, Esq., Cadwalader, Wickersham & Taft LLP, New York, NY, Attorneys for Bay Harbour Master Ltd.; Trophy Hunter Investments; BH S & B Inc.; Bay Harbour Management LLC; Douglas P. Teitelbaum and Scott Sozio.

Theresa A. Foudy, Esq., Curtis, Mallet-Prevost, Colt & Mosle, LLP, New York, NY, Attorneys for Hilco SB, LLC.

Owen L. Cyrulnik, Esq., Grais & Ellsworth LLP, New York, NY, Attorneys for BH S & B Finco LLC and BHY S & B Holdco LLC.

Walter Benzija, Esq., Neal W. Cohen, Esq., Halperin Battaglia Raicht, LLP, New York, NY, Attorneys for Defendants Gary Sugarman and Andrew Todd.

Arthur H. Aufses III, Esq., Kramer Levin Naftalis & Frankel LLP, New York, NY, Attorneys for YSOF S & B Investor LLC; York Special Opportunities Fund LP; York Special Opportunities Feeder Fund (Cayman) LP.

OPINION AND ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS IN PART WITH PREJUDICE, IN PART WITH LEAVE TO AMEND

MARTIN GLENN, Bankruptcy Judge.

Pending before the Court are all of the defendants' motions to dismiss this adversary proceeding brought by the Official Committee of Unsecured Creditors (the "Committee") (ECF Doc. #'s 11, 16, 21, 24, 27, 31). Repeat corporate bankruptcies, sometimes by the same debtor...

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