- 11 U.S.C.
BankEast v. Shirley (In re Shirley)
Sep
12
2011
Ruling
Transfers made to debtor's mother and to living trust were avoidable as made with intent to hinder, delay or defraud creditors and for less than equivalent value while insolvent or rendered insolvent.
Procedural posture
Plaintiff, the authorized representative of Chapter 11 debtors' bankruptcy estate, sought to avoid, pursuant to 11 U.S.C.S. § 548(a) and § 544(b)(1), in conjunction with Tenn. Code Ann. § 66-3-305(a), transfers of real property from the debtors to defendants, the mother of one of the debtors and the debtors' revocable living trust, and to recover the real property, or its value, pursuant to 11 U.S.C.S. § 550(a).
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Court
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