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IN RE BERNARD L. MADOFF INVESTMENT SECURITIES LLC

Bankruptcy No. 08-01789 (BRL). Adversary No. 09-1305 (BRL).

418 B.R. 75 (2009)

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. Cohmad Securities Corporation, etc., and The Joint Tenancies of Phyllis Guenzburger and Fabian Guenzburger and Robert Pinchou and Fabian Guenzburger, Defendants.

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

October 26, 2009.

Attorney(s) appearing for the Case

Baker & Hostetler LLP by David J. Sheehan, John Moscow, Marc E. Hirschfield, Oren J. Warshavsky, Seanna R. Brown, 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.

Hoffinger Stern & Ross LLP by Jack S. Hoffinger, Fran Hoffinger, New York, NY, for Defendants the Joint Tenancy of Phyllis Guenzburger and Fabian Guenzburger and the Joint Tenancy of Robert Pinchou and Fabian Guenzburger.

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS

BURTON R. LIFLAND, Bankruptcy Judge.

Before this Court is the motion ("Motion to Dismiss") of the Joint Tenancy of Phyllis Guenzburger and Fabian Guenzburger and the Joint Tenancy of Robert Pinchou and Fabian Guenzburger (collectively, "Defendants" or "Joint Tenancy Defendants," and individually, "Guenzburger Tenancy" and "Pinchou Tenancy," respectively) seeking to dismiss the complaint...

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