Dery v. Cumberland Casualty & Surety Co. (In Re 5900 Associates, L.L.C.)

OPINION AND ORDER AFFIRMING THE BANKRUPTCY COURT’S RULING GRANTING THE DEFENDANT’S MOTION FOR JUDGMENT OF DISMISSAL BECAUSE, AT THE TIME OF THE CHALLENGED TRANSFER, THE DEBTOR’S LIABILITIES DID NOT EXCEED THE VALUE OF ITS ASSETS AND, THEREFORE, THE DEBTOR WAS NOT INSOLVENT; UNAPPROVED ATTORNEY FEES ARISING FROM THE DISMISSED CHAPTER 11 CASE WERE NOT LIABILITIES OF THE DEBTOR

BORMAN, District Judge.

Now before the Court is Trustee Fred J. Dery’s appeal, pursuant to 28 U.S.C. § 158, of the bankruptcy court’s ruling, that attorney fees arising from a dismissed chapter 11 case for which the…