- 11 U.S.C.
Pereira v. Wells Fargo Bank N.A. (In re Gonzalez)
May
19
2006
Ruling
Debtor's payments of mortgage obligation of mother of child of whom debtor claimed paternity were deemed not constructively fraudulent since debtor openly acknowledged paternity and thus received reasonably equivalent value for payments.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgagees, seeking to recover mortgage payments made by a debtor toward the mortgage obligation of the mother of a child of whom the debtor claimed paternity. The trustee asserted that the payments were constructively fraudulent transfers under 11 U.S.C. § 548(d)(2)(A). The mortgagees moved for summary judgment.
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Court
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