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Ron Ross, Chap. 11 Trustee v. Scott A. Buckles (In re Skyline Manor, Inc.), Ch. 11, BK14-80934, A15-8035 (June 13, 2017)

After trial on whether the debtor was insolvent when it made transfers to three defendants, the court ruled the transfers were fraudulent because the debtor was not paying its debts as they became due. (The other elements of the fraudulent transfers had previously been established on summary judgment.) Transfers to a fourth defendant were found not to be fraudulent because the defendant was a “mere conduit” for the transfers and did not exercise dominion or control over the funds.

Tuesday, June 13, 2017