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IN RE NORTHSTAR DEVELOPMENT CORP.

Nos. 08-10689 B, AP 08-1074 B.

465 B.R. 6 (2012)

In re NORTHSTAR DEVELOPMENT CORP., Debtor. Mark S. Wallach as Trustee in Bankruptcy for Northstar Development Corp., Plaintiff v. Gerald A. Buchheit, Jr., Defendant.

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

February 10, 2012.

Attorney(s) appearing for the Case

Zdarsky, Sawicki et al., Mark J. Schlant, Esq., of counsel, K. Michael Sawicki, Esq., of counsel, Buffalo, NY, for Plaintiff Mark S. Wallach.

Damon Morey LLP, William F. Savino, Esq., of counsel, Bernard Schenkler, Esq., of counsel, Buffalo, NY, for Defendant Gerald A. Buchheit, Jr.

CARL L. BUCKI, Chief Judge.

In this adversary proceeding, the Chapter 7 trustee seeks two forms of relief: first, the avoidance of transfers to the principal of the debtor; and second, the subordination of his claims to the claims of other unsecured creditors. The demand for avoidance speaks to the fine distinctions between a fraudulent conveyance under section 548 of the Bankruptcy Code and a similar cause of action under New York's version of the Uniform Fraudulent...

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