IN RE McCANN, INC.

Bankruptcy No. 04-12596 (SMB), Adversary No. 04-4200.

318 B.R. 276 (2004)

In re McCANN, INC., Debtor. Lee E. Buchwald, Chapter 11 Trustee of McCann, Inc., Plaintiff, v. Di Lido Beach Resort, Ltd., et al., Defendants.

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

December 28, 2004.


Attorney(s) appearing for the Case

Todtman, Nachamie, Spizz & Johns, P.C., Scott S. Markowitz, Esq., Jill L. Makower, Esq., of Counsel, New York, NY, for Plaintiff.

Greenberg Traurig, LLP, Howard J. Berman, Esq., of Counsel, New York, NY, for Defendant Di Lido Beach Resort, Ltd.

Klestadt & Winters, LLP, Tracy L. Klestadt, Esq., of Counsel, New York, NY, Kozyak Tropin & Throckmorton, P.A., John E. Kozyak, Esq., Laurel M. Isicoff, Esq., of Counsel, Co-Counsel for Defendants Marriott International Capital Corporation, The Ritz-Carlton Hotel Company, LLC and Luxury Finance, LLC.


MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS

STUART M. BERNSTEIN, Chief Judge.

The chapter 11 trustee of McCann, Inc. brought this adversary proceeding primarily to recover a series of transfers aggregating slightly more that $1.9 million. He relied on two theories: (1) the debtor transferred its own property that he can recover for the benefit of the estate, and (2) the debtor transferred statutory trust funds that he can...

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