Karnes v. McDowell (In Re McDowell)

MEMORANDUM AND ORDER

KENNETH J. MEYERS, Bankruptcy Judge.

This matter is before the Court on a complaint filed by plaintiff, Trustee of the Estate of Richard McDowell (debtor), seeking to avoid under 11 U.S.C. § 544(b) transfers of certain property by debtor to his wife, E. Jeanette McDowell (defendant), and to recover such property from defendant for the benefit of debtor’s estate. By his complaint plaintiff alleges that debtor’s transfers of property to defendant were fraudulent and should be set aside pursuant to Illinois fraudulent conveyances law. See, Ill.Rev.Stat., ch. 59, par. 4.

Plaintif…