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IN RE NANODYNAMICS, INC.

Bankruptcy No. 09-13438 K. Adversary No. 11-1078 K.

474 B.R. 422 (2012)

In re NANODYNAMICS, INC., Debtor. Mark S. Wallach, as Chapter 7 Trustee of Nanodynamics, Inc., Plaintiff, v. Allan Rothstein, Defendant.

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

July 16, 2012.

Attorney(s) appearing for the Case

John A. Mueller, Esq. , Harter Secrest & Emery LLP, Buffalo, NY, Attorneys for Plaintiff.

Craig T. Lutterbein, Esq. (argued), Garry M. Graber, Esq. (on the Brief), Buffalo, NY, Attorneys for Defendant.

DECISION AND ORDER DENYING DISMISSAL MOTION IN PART AND GRANTING IT IN PART (BUT WITH LEAVE TO AMEND THE COMPLAINT)

MICHAEL J. KAPLAN, Bankruptcy Judge.

This voluntary Chapter 7 case was filed on July 27, 2009, and this Adversary Proceeding was filed on July 13, 2011, just within the 11 U.S.C. § 546 statute of limitations.

The present Motion to Dismiss constitutes, among other things, a Stern v. Marshall, ___ U.S. ___,

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