George R. Desmond, Trustee v. Marilyn J. Moffie

McENTEE, Circuit Judge.

In this action plaintiff trustee in bankruptcy seeks to set aside as fraudulent a conveyance of certain Massachusetts real estate made by the bankrupt to his wife in January 1962. The suit, which was commenced on August 22, 1966, 1 is based on Section 70(e) of the Bankruptcy Act. 2 Under this section a trustee in bankruptcy stands in the shoes of a creditor who has a provable claim and may set aside any transfer of property by the bankrupt which is fraudulent or voidable under applicable state law.

Plaintiff alleged facts which would render the conveyance in question…