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IN RE S.W. BACH & CO.

Bankruptcy No. 07-11569 (MG). Adversary No. 09-01278 (MG).

425 B.R. 78 (2010)

In re S.W. BACH & COMPANY, Debtor. Albert Togut, as Chapter 7 Trustee of S.W. Bach & Company, Plaintiff, v. RBC Dain Correspondent Services, A Division of RBC Dain Rauscher Inc., RBC Capital Markets Corporation (f/k/a RBC Dain Rauscher, Inc.), Andrew Garrett, Inc., Scott Shapiro and Jas Management, Defendants.

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

March 10, 2010.

Attorney(s) appearing for the Case

Togut, Segal & Segal LLP, by Steven S. Flores, Esq. New York, NY, for Albert Togut, Chapter 7 Trustee.

Law Offices of Joseph M. Heppt, by Joseph M. Heppt, Esq., New York, NY, for Defendant Andrew Garrett, Inc.

OPINION AND ORDER DENYING DEFENDANT ANDREW GARRETT INC.'S MOTION TO STAY PROCEEDINGS PENDING ARBITRATION

MARTIN GLENN, Bankruptcy Judge.

Pending before the Court is the motion to stay this adversary proceeding commenced by Albert Togut, the chapter 7 trustee ("Trustee" or "Togut") of the debtor, S.W. Bach & Co. ("S.W. Bach" or "Debtor"). Defendant Andrew Garrett, Inc. ("AGI") moved to stay the adversary proceeding with respect to Count 9 of the Complaint...

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