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IN RE TANEJA

Bankruptcy No. 08-13293-SSM. Adversary Nos. 10-1527, 10-1510.

453 B.R. 618 (2011)

In re Vijay K. TANEJA, et al., Debtors. H. Jason Gold, Trustee, Plaintiff v. Sovereign Bank, f/k/a Independence Community Bank, Defendant. H. Jason Gold, Trustee, Plaintiff v. Gateway Bank, FSB, Defendant.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

April 26, 2011.

Attorney(s) appearing for the Case

Christopher A. Jones, Esquire , Whiteford Taylor & Preston, LLP, Falls Church, VA, for the plaintiff.

Tara L. Elgie, Esquire , Hunton & Williams, LLP, Richmond, VA, for defendant Sovereign Bank.

James R. Schroll, Esquire , Bean, Kinney & Korman, Arlington, VA, for defendant Gateway Bank, FSB.

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

In these actions brought by a chapter 11 trustee to recover payments allegedly made in furtherance of a Ponzi scheme, the defendants have filed motions to dismiss the counts grounded on Virginia's fraudulent conveyance statute for failure to state a claim for relief. Together, the challenged counts seek avoidance and recovery of $47.8 million in payments made to the defendants—who provided...

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