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IN RE CLEAR ADVANTAGE TITLE, INC.

Bankruptcy No. 07-28673 (MBK). Adversary No. 08-2473 (MBK).

438 B.R. 58 (2010)

In re CLEAR ADVANTAGE TITLE, INC., Debtor. Clear Advantage Title, Inc. and Edward Furfey, Plaintiffs, v. Jeffrey Gibb and Holly Paxman, 1st Constitution Bank, Defendants.

United States Bankruptcy Court, D. New Jersey.

October 15, 2010.

Attorney(s) appearing for the Case

Bunce D. Atkinson, Esq., Atkinson & DeBartolo, P.C., Red Bank, NJ, for Plaintiff, Clear Advantage Title, Inc.

Gregg S. Sodini, Esq., Law Offices of Gregg S. Sodini, LLC, Freehold, NJ, for Defendant, 1st Constitution Bank.

Herrick, Feinstein LLP, Newark, NJ, for Creditor, First American Title Insurance Company.

OPINION

MICHAEL B. KAPLAN, Bankruptcy Judge.

I. INTRODUCTION

This matter comes before the Court by way of a Motion for Summary Judgment Dismissing the Complaint filed by Defendant, 1st Constitution Bank ("1st Constitution"), and a Cross Motion for Partial Summary Judgment On Counts Eight Through Eleven of the Complaint filed by Plaintiff, Bunce Atkinson, Chapter 7 Trustee ("Trustee") for Clear Advantage Title, Inc. ("Clear Advantage") (collectively...

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