First, do you really need to test for write permissions by creating a file? Can't you just check the permission directly? I feel that creating a file for that purpose only is a lame way of doing it in any case.
Second, like noted above, it's likely that after you create and then delete a file, there is some intervention by Kaspersky's security mechanisms. Probably a driver tries to check the contents of the file you deleted, and keeps it alive for a while. Like this:
- You create the file and open it, incrementing the refcount.
- Kaspersky driver notices that and opens the file too. Even if you set share mode deny, as a driver it probably has the power to open it anyway (if Kaspersky could not circumvent sharing denials, any virus could have used the same trick to hide its data!).
- You close the file and delete it. When you delete the file, the system just marks it "FILE_FLAG_DELETE_ON_CLOSE", but the file is still there until all the handles to it are closed.
- Kaspersky continues to scan file, still haven't released the handle.
- Therefore the file is still there.
- You try to create a new file and the call fails because the old file is still not deleted.
The reason for all this mess is, of course, partly Kaspersky's checking mechanics, but they did nothing especially wrong here. Kaspersky needs to scan the file anyway, hardly anything can be done about that - it's antivirus, for crying out loud. On the other hand, checking permissions by creating and then deleting a file is (probably) very, very wrong. So I guess, you're the one at fault here.