IN RE STEWART FINANCE CO.

Bankruptcy Nos. 03-30277, 03-30278, 03-30398, 03-30277. Adversary No. 05-3089.

367 B.R. 909 (2007)

In re STEWART FINANCE COMPANY, Stewart National Finance Company, and D & E Acquisitions, Inc., Debtors. S. Gregory Hays, Chapter 11 Trustee of Stewart Finance Company, Stewart National Finance Company, and D & E Acquisitions, Inc., Plaintiff, v. Morgan Stanley DW Inc., Defendant.

United States Bankruptcy Court, M.D. Georgia, Athens Division.

March 30, 2007.


Attorney(s) appearing for the Case

James E. Carter, Carter & Tate, P.C., Savannah, GA.

Stuart F. Clayton, Jr., Lamberth, Cifelli, Stokes & Stout, P.A., Atlanta, GA, for Plaintiff.

Kimberly A. Frye, Robert A. Parker, Jr., Rogers and Hardin, LLP, Atlanta, GA, for Defendant.


MEMORANDUM OPINION

JOHN T. LANEY, III, Bankruptcy Judge.

This matter is before the Court on the Defendant's Motion for Summary Judgment in the action of Chapter 11 Trustee, S. Gregory Hays ("Trustee"), against Morgan Stanley DW, Inc. ("MSDW") to avoid and recover, as fraudulent transfers, certain payments made by Stewart Finance Company ("Debtor" or "SFC") to MSDW. The payments were to be applied to margin...

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