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Richard D. Myers, Ch. 7 Trustee v. Fidelis, L.L.C. (In re Daniel M. Malone), Ch. 7, BK10-81962-TJM, A12-8034-TJM (Mar. 12, 2013)

In this fraudulent transfer action, the court denied the defendant transferee's motion for summary judgment on the grounds that factual issues exist as to whether there was any unencumbered value in the property that was transferred and whether the debtor received a reasonably equivalent value for the transfer. Additional evidence is needed to explain the difference between the valuation of the property on the debtor's financial statement and the valuation of the property in the asset purchase agreement executed approximately two months later.

Date: 
Tuesday, March 12, 2013
Judge: 
Judge Timothy J. Mahoney (Retired)