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IN RE HERITAGE ASSOCIATES, II, L.L.C.

Bankruptcy No. 03-58882-SD. Adversary No. 05-1547-SD.

336 B.R. 255 (2006)

In re HERITAGE ASSOCIATES, II, L.L.C., Debtor. Heritage Associates, II, L.L.C., Plaintiff, v. State of Maryland, Department of Health and Mental Hygiene, et al., Defendants.

United States Bankruptcy Court, D. Maryland.

January 12, 2006.

Attorney(s) appearing for the Case

Lynn A. Kohen, Greenbelt, MD, for Debtor.

MEMORANDUM DISMISSING COMPLAINT

E. STEPHEN DERBY, Bankruptcy Judge.

Plaintiff, the Plan Committee of the Debtor, filed an adversary complaint against Defendant, the Department of Health and Mental Hygiene of the State of Maryland, seeking to avoid and recover an allegedly fraudulent transfer. Defendant moved to dismiss on the grounds that the Eleventh Amendment barred the suit. For the reasons set forth hereafter, the complaint will be dismissed....

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