Dery v. Cumberland Casualty & Surety Co. (In re 5900 Assocs.)
Nov
07
2006
Ruling
Debtor was not insolvent at time of alleged fraudulent transfer since claim for attorneys'fees that were not approved by bankruptcy court was unenforceable.
Procedural posture
Plaintiff bankruptcy trustee appealed a decision of the District Court for the Eastern District of Michigan, which denied his request to set aside the debtor's transfer of property to defendant surety company as fraudulent pursuant to Mich. Comp. Laws § 566.35 because it found that a claim for attorney's fees in a previous bankruptcy was unenforceable as the attorney never sought approval for the fees under 11 U.S.C. § 330(a).
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