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IN RE S.W. BACH & CO.

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

435 B.R. 866 (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.

August 18, 2010.

Attorney(s) appearing for the Case

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

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

MARTIN GLENN, Bankruptcy Judge.

Albert Togut, the chapter 7 trustee ("Trustee") of S.W. Bach & Company ("S.W. Bach" or the "Debtor"), a former broker-dealer, seeks partial summary judgment under FED.R.CIV.P. 56, made applicable to bankruptcy proceedings by FED. R. BANKR.P. 7056, against broker-dealer Andrew Garrett, Inc. ("AGI"), on the Trustee's constructive fraudulent transfer claim under 11 U.S.C. § 548(a)(1)(B) ("Count Nine"). ("Motion"). AGI in turn...

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