IN RE VASO ACTIVE PHARMACEUTICALS, INC.

Case No. 10-10855 (CSS), Adv. Pro. No. 11-52005 (CSS).

In re: VASO ACTIVE PHARMACEUTICALS, INC., Chapter 11, Debtors. JEOFFREY L. BURTCH, AVOIDANCE ACTION TRUSTEE Plaintiff, v. JOHN J. MASIZ, AND JOSEPH F. FRATTAROLI Defendants.

United States Bankruptcy Court, D. Delaware.

October 9, 2012.


Attorney(s) appearing for the Case

COOCH AND TAYLOR, P.A., Robert W. Pedigo , Wilmington, DE, Counsel to Jeffrey L. Burtch, Avoidance Action Trustee.

McCARTER & ENGLISH, LLP, William F. Taylor, Jr. , Wilmington, DE, and Thomas Curran , McCarter & English, LLP, Boston, MA, Counsel for Defendants John J. Masiz and Joseph F. Frattaroli


OPINION1

SONTCHI, J.

INTRODUCTION

Before the Court is Plaintiff's motion for partial summary judgment. Plaintiff has brought this action against two former officers and directors of Debtor, seeking to recover payments made by Debtor to Defendants in the weeks prior to Debtor's bankruptcy from the proceeds of a settlement between Debtor and a third party.

As...

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