Irving H. Picard, Trustee for the Liquidation of B v. Quilvest Finance LTD.

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES INVESTOR PROTECTION
CORPORATION,
Plaintiff-Applicant,
v.
BERNARD L. MADOFF INVESTMENT
SECURITIES LLC,
Defendant.
Adv. Pro. No. 08-01789 (CGM)
SIPA LIQUIDATION
(Substantively Consolidated)
In re:
BERNARD L. MADOFF,
Debtor.
IRVING H. PICARD, Trustee for the Substantively
Consolidated SIPA Liquidation of Bernard L. Madoff
Investment Securities LLC and the Chapter 7 Estate of
Bernard L. Madoff,
Plaintiff,
v.
QUILVEST FINANCE LTD.,
Defendant.
Adv. Pro. No. 11-02538 (CGM)
ORDER DENYING QUILVEST FINANCE LTD’S
MOTION TO DISMISS THE COMPLAINT
Defendant QS Finance Ltd., formerly known as Quilvest Finance Ltd., (“Defendant”)
filed a motion to dismiss the Complaint under Bankruptcy Rule 7012(b) and Federal Rule of
Civil Procedure 12(b)(2) and 12(b)(6) (the “Motion”) on April 12, 2022. The parties stipulated
to rest on their papers and waive oral argument on the Motion on September 7, 2022. The Court
has considered the Motion, the papers filed in support of and in opposition to the Motion, and the
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Complaint. The Court issued a memorandum decision, dated September 27, 2022, regarding the
Motion (the “Decision”). Based on the record in this adversary proceeding, including the
Decision, IT IS ORDERED:
1. 	The Motion to dismiss the Complaint is denied.
2. 	The deadline for Defendant to file an answer to the Complaint is November 30,
2022.
3. 	The Court shall retain jurisdiction to implement or enforce this Order.
Dated: October 7, 2022
Poughkeepsie, New York
/s/ Cecelia G. Morris
_______________________
Hon. Cecelia G. Morris
U.S. Bankruptcy Judge
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