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AP SERVICES LLP v. SILVA

No. 11 Civ. 3005 (LAK).

483 B.R. 63 (2012)

AP SERVICES LLP, in its capacity as Trustee of the CRC Litigation Trust, Plaintiff, v. Jerry SILVA, Steven Silva, Rosalie Silva, in her personal capacity and as Trustee of the Jody R. Silva Trust, and Jerry Silva and Steven Silva, in their capacity as Co-Trustees of the Jerry Silva 2007 Annuity Trust, Defendants.

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

November 7, 2012.

Attorney(s) appearing for the Case

Andrew M. Leblanc , Millbank, Tweed, Hadley & McCloy LLP, for Defendant Jerry Silva.

Patrick T. Collins , Ted A. Berkowitz , Farrell Fritz, P.C., for Defendant Steven Silva.

Matthew D. Kane , Bijan Amini , Storch Amini & Munves PC, for Defendant Rosalie Silva.

Jason N. Zakia , Douglas P. Baumsteim , Adam M. Burton , White & Case LLP, for Plaintiff AP Services, LLP.

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

This is an action brought by the trustee of the CRC Litigation Trust (the "Trustee"), an entity created by the bankruptcy court to pursue claims on behalf of the bankrupt estate of Chem Rx Corporation ("CRC" or the "Company"), to avoid and recover transfers, and for other relief, in connection with a 2007 leveraged buyout of CRC's predecessor in interest. It is brought under Sections 544(b) and 550 of the...

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