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IN RE ARBCO CAPITAL MANAGEMENT, LLP

Case No. 07-13283 (SCC) Adv. Pro. No. 09-01519 (SCC).

498 B.R. 32 (2013)

In re: ARBCO CAPITAL MANAGEMENT, LLP Debtor. Richard O'Connell, as chapter 7 Trustee of the estate of Arbco Capital Management, LLP, Plaintiff, v. Penson Financial Services, Inc., Defendant.

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

Filed September 26, 2013.

Attorney(s) appearing for the Case

GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP, 1501 Broadway, 22nd Floor, New York, N.Y. 10036, By: Kevin J. Nash, Esq. , Attorneys for Richard O'Connell, Trustee.

MAYER BROWN LLP, 1675 Broadway, New York, N.Y. 10019, By: Mark G. Hanchet, Esq. , James Ancone, Esq. , Attorneys for Penson Financial Services, Inc.

Chapter 11

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART THE MOTION TO DISMISS OF PENSON FINANCIAL SERVICES, INC.

SHELLEY C. CHAPMAN, UNITED STATES BANKRUPTCY JUDGE

Before the Court is the motion ("Motion to Dismiss") of defendant Penson Financial Services, Inc. ("Penson") seeking to dismiss the second amended complaint (the "Complaint") of plaintiff Richard O'Connell, as chapter...

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