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IN RE TOTAL REALTY MANAGEMENT, LLC

No. 11-2101.

706 F.3d 245 (2013)

In re TOTAL REALTY MANAGEMENT, LLC, Debtor. Bryan S. Ross, Chapter 7 Trustee for Total Realty Management, LLC, Plaintiff-Appellant, v. R.A. North Development, Incorporated; R.A. North Development I, Incorporated; Southeastern Waterfront Marketing, Incorporated; Southeastern Waterway Sales, Incorporated; Waterfront Development Services, Incorporated; Waterfront Communities, Incorporated; Southeastern Land Sales Incorporated, Defendants-Appellees, and United States Bankruptcy Court, Alexandria, Party-in-Interest.

United States Court of Appeals, Fourth Circuit.

Decided: January 14, 2013.

Attorney(s) appearing for the Case

ARGUED: John Connell Altmiller, Jr. , Pesner Kawamoto Conway, PLC, McLean, Virginia, for Appellant. Michael Wayne Robinson , Venable, LLP, Vienna, Virginia, for Appellees. ON BRIEF: William D. Dolan, III , Venable, LLP, Vienna, Virginia, for Appellees.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge SHEDD and Judge DAVIS joined.

OPINION

WYNN, Circuit Judge:

The bankruptcy trustee (the "Trustee") for debtor Total Realty Management, LLC ("TRM") appeals the dismissal of his adversary action against real estate development companies R.A. North Development, Inc. and R.A. North Development I, Inc., and several of their sales and marketing affiliates (collectively, "R.A. North").1 The Trustee alleges that TRM and R.A. North jointly engaged in a scheme to sell...

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