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IN RE BANKEST CAPITAL CORP.

Bankruptcy No. 04-10941-BKC-AJC, Adversary No. 05-1113-BKC-AJC-A.

374 B.R. 333 (2007)

In re BANKEST CAPITAL CORPORATION, Debtor. Soneet Kapila, as the Chapter 7 Trustee for the estate of Bankest Capital Corporation, Plaintiff, v. Espirito Santo Bank, a Florida chartered bank, Defendant.

United States Bankruptcy Court, S.D. Florida, Miami Division.

August 7, 2007.

Attorney(s) appearing for the Case

Charles W. Throckmorton, Esq., Paul J. McMahon, Esq., Miami, FL, for Plaintiff.

Andrew D. McNamee, Esq., David C. Pollack, Esq., Patricia A. Redmond, Esq., Paul A. Avron, Esq., Paul Steven Singerman, Esq., Miami, FL, Elena P. Ketchum, Esq., Stephen R. Leslie, Esq., Tampa, FL, for Defendant.

MEMORANDUM ORDER GRANTING PLAINTIFF SUMMARY JUDGMENT ON COUNT II OF THE COMPLAINT

A. JAY CRISTOL, Bankruptcy Judge.

This matter came before the Court for hearing on July 2, 2007 at 2:00 p.m. on Plaintiff Soneet Kapila's Motion for Summary Judgment (DE # 161) on his claims to avoid a $10,000,000 transfer to Defendant, Espirito Santo Bank (the "Bank"). For the reasons set forth herein, the motion is GRANTED.

INTRODUCTION AND SUMMARY OF PRIOR...

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