IN RE KCMVNO, INC.

Case No. 08-10600 (BLS), Adv. Pro. No. 10-50730 (BLS), Re: Docket No. 24., 31

IN RE: KCMVNO, INC., a Delaware Corporation, Post-Confirmation, Chapter 11, Debtor. CLEAR THINKING GROUP LLC, as Trustee, Plaintiff, v. BRIGHTSTAR US, INC. Defendant.

United States Bankruptcy Court, D. Delaware.

October 15, 2010.


Attorney(s) appearing for the Case

David W. Carickhoff, BLANK ROME LLP, 1201 N. Market Street, Suite 800, Wilmington, Delaware 19801, and Edward J. LoBello, Alan E. Marder, Jil Mazer-Marino, MEYER, SUOZZI, ENGLISH & KLEIN, P.C., 1350 Broadway, Suite 501, P.O. Box 822 New York, New York 10018 Counsel to Clear Thinking Group LLC, as Trustee.

Mark Minuti Lucian Murley SAUL EWING LLP 222 Delaware Ave, Suite 1200 P.O. Box 1266 Wilmington, Delaware 19899 and John H. Culver, III John R. Gardner K&L GATES LLP 4350 Lassiter at North Hills Ave Suite 300 Raleigh, North Carolina 27619 Counsel to Brightstar US, Inc.


OPINION1

BRENDAN LINEHAN SHANNON, Bankruptcy Judge

Before the Court is an amended motion to dismiss (the "Motion") [Docket No. 24] brought by Brightstar US, Inc. ("Brightstar") seeking partial dismissal of the Amended Complaint to Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 502, 547, and 550 (the "Complaint") [Docket No. 22] filed by Clear Thinking Group LLC, as Trustee (the "Trustee...

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