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IN RE NANODYNAMICS, INC.

Bankruptcy No. 09-13438 K. Adversary No. 11-1002 K.

523 B.R. 406 (2014)

In re NANODYNAMICS, INC., Debtor. Mark S. Wallach, Chapter 7 Trustee of NanoDynamics, Inc., Plaintiff v. David Smith and Jennifer Smith, Defendants.

United States Bankruptcy Court, W.D. New York.

Signed December 12, 2014.

Attorney(s) appearing for the Case

Robert J. Feldman, Esq. , Janet G. Burhyte, Esq. , Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo, N.Y., for Plaintiff.

Maureen T. Bass, Esq. , Jon Travis Powers, Esq. , Buchanan Ingersoll & Rooney, P.C., Buffalo, N.Y., for Defendants.

OPINION AND ORDER

SUMMARY

(1) If a corporation solicited a stock subscription without making pessimistic disclosures that the corporation itself had decided1 were required by securities regulations, and the subscriber...

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