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HELICON PARTNERS, LLC, v. KIM'S PROVISION CO., INC.

Adv. Proc. No. 12-01602 (SMB).

HELICON PARTNERS, LLC, Plaintiff, v. KIM'S PROVISION CO., INC., WON HO KIM; KI KIM; JANE AND JOHN DOES 1-10 Defendants.

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

May 6, 2013.

Attorney(s) appearing for the Case

PASHMAN STEIN, P.C., Attorneys for Plaintiff, 21 Main Street, Suite 100, Court Plaza South, Hackensack, NJ 07601, Sean Mack, Esq. , Of Counsel.

DUANE MORRIS LLP, Attorneys for NGF, Inc., 1540 Broadway, New York, NY 10036, T. Steven Har, Esq. , Katharine A. Gehring, Esq. , Of Counsel.

LAW OFFICE OF SANGWON D. SOHN, Attorneys for the Debtor, 2071 Lemoine Avenue, Suite 301, Fort Lee, NJ 07024-6007, Sangwon D. Sohn, Esq. , Of Counsel.

McCARTER & ENGLISH LLP, Attorneys for Charles A. Stanziale , chapter 7 trustee, Four Gateway Center, 100 Mulberry Street, Newark, NJ 07102, Scott Bernstein, Esq. , Of Counsel.

MEMORANDUM DECISION AND ORDER DENYING MOTION TO VACATE ORDER OF ATTACHMENT

STUART M. BERNSTEIN, Bankruptcy Judge.

The plaintiff Helicon Partners LLC ("Helicon") commenced this action pre-petition in New York state court against Kim's Provision Co., Inc. (the "Debtor") to recover on a guarantee executed by the Debtor in favor of its affiliate 15 Engle Street LLC ("15 Engle"). Helicon procured an ex parte order of attachment ...

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