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Newton v. Sims (In re Sims)

Newton v. Sims (In re Sims)

Ruling
Transfer for less in value than debtor paid that made debtor insolvent avoided as constructively fraudulent.
Procedural posture

Chapter 7 trustee filed an adversary proceeding against defendants, a debtor's son and daughter-in-law, seeking a determination that he could avoid a transfer the debtor made to her son seven months before she declared bankruptcy, pursuant to 11 U.S.C.S. § 548(a). The parties filed cross-motions for summary judgment.

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Consumer opinion summary, case decided on November 30, 2011 , LexisNexis #0112-025