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IN RE MARKETXT HOLDINGS CORP.

Bankruptcy No. 04-12078 (ALG). Adversary No. 05-01268 (ALG).

426 B.R. 467 (2010)

In re MARKETXT HOLDINGS CORPORATION, et al., Reorganized Debtors. Alan Nisselson, as Chapter 11 Trustee of MarketXT Holdings Corporation, and the Official Committee of Unsecured Creditors, Plaintiffs, v. Empyrean Investment Fund, L.P., Empyrean General Partner, LLC, Ash Master Fund, II, LLC, Ash Master Fund II, L.P., Ash Fund LP, f/k/a Empyrean Fund, LP, Ash Fund II LP, Ash Capital, LLC f/k/a, Ash Capital Management, Ash General Partner, LLC, Ash Offshore Fund, Ltd., Ash General Partner Offshore, Ltd., Rauf Ashraf, and John Does 1 Through 10, Defendants.

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

March 12, 2010.

Attorney(s) appearing for the Case

Kaye Scholer LLP, by Lester Kirshenbaum, Margarita Y. Ginzburg, Dina S. Rovner, and Windels Marx Lane & Mittendorf, LLP, by Howard L. Simon, New York, NY, for Plaintiffs.

Denner Pellegrino, LLP, by Jeffrey A. Denner, Roger D. Matthews, Boston, MA, for Defendant Empyrean Investment Fund, L.P.

MEMORANDUM OF OPINION

ALLAN L. GROPPER, Bankruptcy Judge.

In a Memorandum of Opinion dated October 12, 2007, 376 B.R. 390 (Bankr. S.D.N.Y.2007), the Court decided the motion for summary judgment filed by the above-captioned plaintiffs, the Chapter 11 trustee and creditors committee ("Plaintiffs") in the bankruptcy proceedings of MarketXT Holdings Corp. ("Debtor").1 Familiarity with that decision...

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