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IN RE TANEJA

No. 13-1058.

743 F.3d 423 (2014)

In re Vijay K. TANEJA, Debtor. H. Jason Gold, Chapter 11 Liquidating Trustee, Plaintiff-Appellant, v. First Tennessee Bank National Association, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 21, 2014.

Attorney(s) appearing for the Case

ARGUED: Kenneth Oestreicher , Whiteford, Taylor & Preston, LLP, Baltimore, Maryland, for Appellant. Clarence A. Wilbon, Bass, Berry & Sims PLC, Memphis, Tennessee, for Appellee. ON BRIEF: Todd M. Brooks , Baltimore, Maryland, Christopher A. Jones , Whiteford, Taylor & Preston, LLP, Falls Church, Virginia, for Appellant. Annie T. Christoff , Bass Berry & Sims PLC, Memphis, Tennessee; Sheila DeLa Cruz , Hirschler Fleischer, PC, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge THACKER concurred. Judge WYNN wrote a separate dissenting opinion.

BARBARA MILANO KEENAN, Circuit Judge:

In this bankruptcy case, the trustee for the bankruptcy estates of Vijay K. Taneja and Financial Mortgage, Inc. (FMI) filed an action to avoid and recover certain payments made by FMI to First Tennessee Bank, National Association (the bank, or First Tennessee). In the complaint, the trustee alleged that the payments were "fraudulent transfers" under 11 U.S.C. § 548, and were part of a fraudulent scheme carried out by FMI...

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