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IN RE OXLEY DEVELOPMENT CO., LLC

Bankruptcy No. 12-69799-JRS. Adversary No. 12-05568-JRS.

493 B.R. 275 (2013)

In re OXLEY DEVELOPMENT COMPANY, LLC, Debtor. German American Capital Corporation, Plaintiff, v. OXLEY DEVELOPMENT COMPANY, LLC, Carl M. ("Chip") Drury, Tidewater Plantations, Inc., Duck Point, LLC, and Maritime Forests Holdings, LLC, Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

May 16, 2013.

Attorney(s) appearing for the Case

Paul Baisier , Shuman Sohrn , Seyfarth Shaw LLP, Atlanta, GA, for Plaintiff.

Dargan Scott Cole , Shaun M. Daugherty , Hall Booth Smith, PC, Will B. Geer , Law Office of Will Geer, LLC, Atlanta, GA, for Defendants.

ORDER DENYING MOTION TO DISMISS

JAMES R. SACCA, Bankruptcy Judge.

The issue before the Court is whether this adversary proceeding against the Debtor and related entities should be dismissed because the underlying bankruptcy case was dismissed after the proceeding was filed. This case involves a loan on a real estate development project. The failure of this project coincided with the recession in the construction industry and economy in 2008. In contrast...

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