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Sullivan v. Welsh (In re Lumbar)

Sullivan v. Welsh (In re Lumbar)

Ruling
Trustee could not avoid quitclaim deed of exempt homestead property from debtor to parents that was not constructively fraudulent under state law.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant parents of a bankruptcy debtor seeking to avoid as actually and constructively fraudulent under bankruptcy and state law a transfer of real property from the debtor to the parents by quitclaim deed. The trustee moved for summary judgment.

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Consumer opinion summary, case decided on March 03, 2011 , LexisNexis #0311-126