Bankr. No.:
02-40922
Adv. No.:
03-4017
Chapter:
7
Date of Decision:
June 23, 2004
Issue:
Whether summary judgment should be granted regarding alleged fraudulent transfer of second lien on the debtor’s assets?
Ruling:
Court denied Defendants’ motion regarding both actual and constructive fraud under § 548(a) and granted Plaintiff-Trustee’s motion only as to the application of § 548(a)(1)(B)(ii). A trial will be held to receive evidence of actual fraud under § 548(a)(1)(A) and to receive evidence, as to constructive fraud, on only the issue of the value of the respective transfers under § 548(a)(1)(B)(i).
Full Bankruptcy Court Decision:
