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IN RE CEDAR FUNDING, INC.

Case No. 08-52709-MM, Adversary No. 09-5260.

In re: CEDAR FUNDING, INC., Chapter 11, Debtor. R. TODD NEILSON, Trustee for Debtor, CEDAR FUNDING, INC., Plaintiff, v. WILLIAM M. DWYER, Defendant.

United States Bankruptcy Court, N.D. California.

September 12, 2011,

MEMORANDUM DECISION ON TRUSTEE'S MOTION FOR SUMMARY JUDGMENT

CHARLES NOVACK, Bankruptcy Judge.

INTRODUCTION

In this adversary proceeding, R. Todd Nielson, the Chapter 11 trustee of Cedar Funding, Inc.'s bankruptcy estate (the "Chapter 11 Trustee")1, seeks to avoid and recover the transfer of the debtor's interest in a note and deed of trust to defendant William M. Dwyer ("Dwyer"). While the Chapter...

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