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IN RE 5900 ASSOCIATES, INC.

No. 05-1838.

468 F.3d 326 (2006)

In re 5900 ASSOCIATES, INC., Debtor. Fred J. Dery, Trustee, Plaintiff-Appellant, v. Cumberland Casualty & Surety Co., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 7, 2006.

Attorney(s) appearing for the Case

ON BRIEF: Terrance A. Hiller, Jr., Kupelian Ormond & Magy, Southfield, Michigan, for Appellant. Ryan D. Heilman, Daniel J. Weiner, Schafer & Weiner, Bloomfield Hills, Michigan, for Appellee.

Before KEITH and BATCHELDER, Circuit Judges; ALDRICH, District Judge.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Fred J. Dery, the trustee of the bankruptcy estate of 5900 Associates, Inc., seeks to set aside the debtor's transfer of property to Cumberland Casualty & Surety Co. ("Cumberland") as a fraudulent transfer under M.C.L. § 566.35. Dery may prevail under the statute only if the debtor was insolvent at the time of the transfer. The debtor's solvency in this case turns on the enforceability of a claim for attorney...

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