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14-1149 - Messer, Chapter 7 Trustee of the estate of Xiang Y v. Chu


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14-1149 - Messer, Chapter 7 Trustee of the estate of Xiang Y v. Chu
September 30, 2016
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Decision on Summary Judgment; with regard to the fifth claim for relief in the second amended complaint, to avoid the Transfers pursuant to Code § 544(b)(1), DCL § 273-a, and Code § 550, the Trustees Motion is granted; with regard to the ninth claim for relief in the second amended complaint, seeking to avoid the Transfers pursuant to Code § 544(b)(1), DCL § 276, and Code § 550, the Trustees Motion is granted; with regard to the tenth claim for relief in the second amended complaint, seeking to recover attorneys fees pursuant to DCL § 276-a, the Trustees Motion is denied; with regard to the nineteenth claim for relief in the second amended complaint, seeking the authority pursuant to Code § 363(h) to sell the House free and clear of the Defendants interest, the Trustees Motion is granted; a separate order will issue. (RE: related document(s)24 Motion for Summary Judgment filed by Plaintiff Gregory Messer, Chapter 7 Trustee of the estate of Xiang Yong Gao). Signed on 9/30/2016 (agh)