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IN RE RICHELS

Bankruptcy No. 93-26271-T. Adv. No. 93-2086-T.

163 B.R. 760 (1994)

In re Benn L. RICHELS, Debtor. Alexander P. SMITH, Trustee, Plaintiff, v. Benn L. RICHELS, Berlin-Miles-Richels, Inc. and Berlin-Miles-Richels Investments, Inc., Defendants.

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

February 3, 1994.

Attorney(s) appearing for the Case

Alexander P. Smith, Norfolk, VA, Chapter 7 Trustee, pro se.

Jonathan L. Hauser, Croshaw, Beale, Hauser & Lewis, P.C., Virginia Beach, VA, for debtor.

Paul K. Campsen and Ellen C. Carlson, Kaufman & Canoles, P.C., Norfolk, VA, for Berlin-Miles-Richels, Inc. and Berlin-Miles-Richels Investments, Inc.

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Hearing was held on November 23, 1993, on the motion of Berlin-Miles-Richels, Inc., (BMR) and Berlin-Miles-Richels Investments, Inc., (BMRI) to dismiss plaintiff chapter 7 trustee's complaint to avoid a fraudulent transfer of property pursuant to 11 U.S.C. §§ 544(b), 548(a) and 550(b). The motion to dismiss alleges lack of subject matter jurisdiction and failure to state a claim...

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