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Krudy v. Hoetmer (In re Hoetmer)

Krudy v. Hoetmer (In re Hoetmer)

Ruling
Prepetition 401(k) loan repayment "reborrowed" just after petition date and converted to non- exempt property was fraudulent and avoidable.
Procedural posture

Plaintiff trustee alleged that a 401(k) loan repayment was a fraudulent transfer and sought to avoid and recover it from defendant debtor for the estate under 11 U.S.C.S. §§ 548(a)(1)(A), 550. The matter was pending judgment following a trial.

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Consumer opinion summary, case decided on September 26, 2012 , LexisNexis #1212-092