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IN RE 5900 ASSOCIATES, L.L.C.

No. 04-CV-74770-DT, Bankruptcy No. 03-57842-R, Adversary No. 03-5334-R.

326 B.R. 402 (2005)

In re 5900 ASSOCIATES, L.L.C., Debtor. Fred J. Dery, Trustee, Appellant, v. Cumberland Casualty & Surety Company, Appellee.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

May 13, 2005.

Attorney(s) appearing for the Case

Samuel D. Sweet, Ortonville, MI, for Appellant.

Ryan D. Heilman, Schafer & Weiner, Bloomfield Hills, MI, for Appellee.

OPINION AND ORDER AFFIRMING THE BANKRUPTCY COURT'S RULING GRANTING THE DEFENDANT'S MOTION FOR JUDGMENT OF DISMISSAL BECAUSE, AT THE TIME OF THE CHALLENGED TRANSFER, THE DEBTOR'S LIABILITIES DID NOT EXCEED THE VALUE OF ITS ASSETS AND, THEREFORE, THE DEBTOR WAS NOT INSOLVENT; UNAPPROVED ATTORNEY FEES ARISING FROM THE DISMISSED CHAPTER 11 CASE WERE NOT LIABILITIES OF THE DEBTOR

BORMAN, District Judge.

Now before the Court is Trustee Fred J. Dery...

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