Maxwell v. Barounis (In re Swiontek)

Pre 2005-Act: 
Pre 2005-Act
Avoidance of fraudulent transfer of entierties property to debtor's spouse did not revert property to entireties status and trustee could sell the property.
Procedural posture: 
Plaintiff chapter 7 trustee moved for summary judgment in an action against defendant, the debtor's wife, seeking to void an alleged fraudulent transfer of real estate by the debtor to defendant pursuant to 11 U.S.C. § 544(b) and section 5 of the Illinois Uniform Fraudulent Transfer Act, 740 Ill. Comp. Stat. 160/5. The trustee also sought authority pursuant to 11 U.S.C. § 363(h) to sell the real estate. Defendant cross-moved for summary judgment.
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Consumer case opionion summary, case decided on October 03,2007, LexisNexis #1107-030