Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Montoya v. Wilson (In re Wilson)

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Contribution to Roth IRA for which debtors were not eligible was not fraudulent transfer.
Procedural posture: 
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, debtors, seeking to avoid as fraudulent under 11 U.S.C. § 548 contributions that the debtors made to their individual retirement accounts ("IRA"). The debtors moved to dismiss. The motion implicated Fed. R. Bankr. P. 7052, which incorporated Fed. R. Civ. P. 52(c).
Issue: 
ABI Membership is required to access the full summary of Montoya v. Wilson (In re Wilson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 30,2007, LexisNexis #0108-100