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Menotte v. Leonard (In re Leonard)

Menotte v. Leonard (In re Leonard)

Ruling
Concealed transfer of property to spouse avoided as fraudulent.
Procedural posture

Plaintiff, the chapter 7 trustee, brought a complaint to avoid and recover North Carolina real property that was fraudulently transferred by the debtor to defendant, his non- debtor wife, pursuant to 11 U.S.C.S. § 548, for sale in lieu of partition of the real property pursuant to N.C. Gen. Stat. § 46-22 and to sell the property pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment on those claims.

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Consumer opinion summary, case decided on October 28, 2009 , LexisNexis #1209-052