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Roeder v. Lockwood (In re Lockwood Auto Group Inc.)

Roeder v. Lockwood (In re Lockwood Auto Group Inc.)

Ruling
Motion to dismiss fraudulent transfer and equitable subordination proceedings denied.
Procedural posture

Defendant bank sought summary judgment on an amended adversary complaint by plaintiff, a chapter 7 trustee for debtor auto dealership. The bank sought dismissal of actual fraud claims per the Pennsylvania Uniform Fraudulent Transfer Act (PUFTA), 12 Pa. Cons. Stat. § 5101 et. seq., and 11 U.S.C.S. § 548(a)(1)(A) as well as dismissal of an equitable subordination claim filed per 11 U.S.C.S. § 510. An issue concerning a deposition was also raised.

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Commercial opinion summary, case decided on May 14, 2010 , LexisNexis #0710-103