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IN RE LANDOLPHI

Bankruptcy No. 9:05-bk-22016-ALP, Adversary No. 9:06-ap-00347-ALP.

377 B.R. 409 (2007)

In re F. Kelley LANDOLPHI, Debtor(s). Diane L. Jensen, Trustee in Bankruptcy, Plaintiff, v. F. Kelley Landolphi, Trustee under that certain Land Trust Dated March 19, 1999 and Numbered 993, Defendant.

United States Bankruptcy Court, M.D. Florida, Fort Myers Division.

October 16, 2007.

Attorney(s) appearing for the Case

Diane L. Jensen, Fort Myers, FL, pro se.

Thomas H. Curran, Sherin and Lodgen LLP, Boston, MA, for Plaintiff/Defendant.

Daryl DeValerio Andrews, Sherin and Lodgen LLP, Boston, MA, for Defendant.

FINDINGS OF FACTS, CONCLUSION OF LAW, MEMORANDUM OPINION

ALEXANDER L. PASKAY, Bankruptcy Judge.

IN THIS Chapter 7 liquidation case, the Trustee of the estate of F. Kelley Landolphi (Debtor), Diane Jensen (Trustee) filed an Amended Complaint setting forth three separate claims in three separate counts. The claim in Count I of the Complaint is based on 11 U.S.C. 544(b) and FLA. STAT. ch. 726.105(1)(a) (2007). The claim is based on the contention that...

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