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IN RE BERNARD L. MADOFF INVESTMENT SEC. LLC

Bankruptcy No. 08-01789 (BRL). Adversary No. 09-1172 (BRL).

440 B.R. 274 (2010)

In re BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Debtor. Irving H. Picard, as Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Plaintiff, v. Stanley Chais, et al., Defendants.

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

November 30, 2010.

Attorney(s) appearing for the Case

Baker & Hostetler LLP by David J. Sheehan , Marc E. Hirschfield , Paul P. Eyre , Ona T. Wang , Benjamin D. Pergament , New York, NY, for Plaintiff, Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff.

Sills Cummis & Gross P.C. by Philip R. White , Andrew H. Sherman , New York, NY, for Defendants Emily Chasalow, Mark Chais, Wrenn Chais, William Chais, Miri Chais and the Entities Identified on Exhibit 1 to the Notice of Partial Motion to Dismiss.

MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS

BURTON R. LIFLAND, Bankruptcy Judge.

Before this Court is the motion to dismiss (the "Motion") of Miri Chais seeking to dismiss the complaint (the "Complaint") of Irving H. Picard, Esq. (the "Trustee"), trustee for the substantively consolidated Securities Investor Protection Act ("SIPA") liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") and Bernard L. Madoff (...

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