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IN RE XYIENCE INCORPORATED

Case No.: BK-S-08-10474-MKN, Adversary No.: 09-1402-MKN.

In re: XYIENCE INCORPORATED, a Nevada corporation, Chapter 11, Debtor. DAVID HERZOG, as Liquidating Trustee, Plaintiff, v. ZYEN, LLC, a Nevada limited liability company, FERTITTA ENTERPRISES, INC., a Nevada corporation, WILLIAM BULLARD, ADAM FRANK, KIRK SANFORD, and OMER SATTAR, Defendants.

United States Bankruptcy Court, D. Nevada.

October 28, 2011.

MEMORANDUM OPINION CONCERNING MOTION FOR SANCTIONS

INTRODUCTION

LLOYD KING, Bankruptcy Judge.

This is an adversary proceeding in bankruptcy. Fed. R. Bankr. P. 7001. A chapter 11 plan of reorganization was confirmed in the underlying case, in which Xyience, Incorporated ("Xyience" or "Debtor") is the debtor. Plaintiff is the Liquidation Trustee pursuant to the confirmed plan. The Trustee is responsible for pursuing the Debtor...

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