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Ferrara v. Cabrera (In re Cabrera)

Ferrara v. Cabrera (In re Cabrera)

Ruling
Transfers to children and one debtor's former spouse within three years of petition date without adequate consideration could be avoided as fraudulent.
Procedural posture

Plaintiff chapter 7 trustee filed a complaint against defendant transferees pursuant to the Rhode Island Fraudulent Transfer Act, R.I. Gen. Laws § 6-16-1 et seq., and 11 U.S.C.S. § 544(b) to recover allegedly fraudulent transfers to insiders. The transferees were the children of the debtors and the debtor husband's former wife.

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Consumer opinion summary, case decided on June 01, 2012 , LexisNexis #0612-123