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IN RE HAVEN TRUST BANCORP, INC.

Bankruptcy No. 09-64497-MGD. Adversary No. 11-5103.

461 B.R. 910 (2011)

In re HAVEN TRUST BANCORP, INC., Debtor. Cathy L. Scarver, Chapter 7 Trustee: for haven Trust Bancorp., Inc., Plaintiff, v. R.C. Patel, Mukesh C. Patel, Mukund R. Patel, Narendra D. Patel, Dhiru G. Patel, Balvant Patel, and Edward Briscoe, Defendants.

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

October 6, 2011.

Attorney(s) appearing for the Case

E. Penn Nicholson, Wendy L. Hagenau, Bryan Cave Powell Goldstein LLP, Atlanta, GA, for Debtor.

Maggie Rentz, Lamberth, Cifelli, Stokes, Ellis & Nason, Atlanta, GA, for Plaintiff.

David A. Wender, Alston & Bird LLP, Atlanta, GA, for Defendant.

Kenneth A. Cutshaw, Atlanta, GA, pro se.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

MARY GRACE DIEHL, Bankruptcy Judge.

In this adversary proceeding, the Chapter 7 Trustee sued Debtor's officers and directors, seeking recovery from alleged constructive fraudulent transfers, illegal distributions, breach of fiduciary duty, and unjust enrichment. Debtor is the holding company of an FDIC-insured bank, and the FDIC was acting as receiver of the bank, which ultimately closed just prior to Debtor...

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