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IN RE MBS MANAGEMENT SERVICES, INC.

Bankruptcy No. 07-12151. Adversary No. 09-1158.

432 B.R. 570 (2010)

In re MBS MANAGEMENT SERVICES, INC., Debtor. Claude Lightfoot, Trustee for the MBS Unsecured Creditors' Trust, Plaintiff v. MXEnergy Electric, Inc., Defendant.

United States Bankruptcy Court, E.D. Louisiana.

June 29, 2010.

Attorney(s) appearing for the Case

Michael H. Piper, Steffes, Vingiello & McKenzie, LLC, Baton Rouge, LA, for Plaintiff.

MXEnergy, Inc., Stamford, CT, pro se.

D. Brent Wells, Jeffrey D. Stewart, Wells & Cuellar, P.C., Houston, TX, for Defendant.

MEMORANDUM OPINION

ELIZABETH W. MAGNER, Bankruptcy Judge.

Trial in the above-captioned proceeding was held on May 27, 2010. At its conclusion, the Court took the matter under advisement.

I. Facts

On December 12, 2005, MBS Management Services, Inc ("MBS") and Vantage Power Services, LP ("Vantage") entered into a Commercial Agreement ("the Contract") that required Vantage to "supply the full requirements" of electricity to MBS, with...

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