Legal Opinion
Gaughan v. Edward Dittlof Revocable Trust (In Re Costas)
Court of Appeals for the Ninth Circuit
Decided February 6, 2009No. 06-16520PublishedCited by 16 opinions
1Opinion of the Court
MILLS, District Judge:
The Bankruptcy Code’s federal fraudulent conveyance provision allows a trustee to avoid “any transfer ... of an interest of the debtor in property” within a two year reach back period where the transfer was actually or constructively fraudulent. 11 U.S.C. § 548(a)(1). The question in this case is whether an Arizona disclaimer qualifies as a “transfer ... of an interest of the debtor in property.” Because we answer this question in the negative, the Bankruptcy Appellate Panel’s refusal to avoid the disclaimer under § 548 is affirmed.
I. FACTS
On October 18, 2001, Edward P.…
2Cases cited29 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
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3Cited by16 opinions
- Greenspan v. Orrick, Herrington & Sutcliffe LLP (In Re Brobeck, Phleger & Harrison LLP)United States Bankruptcy Court, N.D. California · 2009
- In Re LaughlinCourt of Appeals for the Fifth Circuit · 2010
- United States Small Business Administration v. BensalCourt of Appeals for the Ninth Circuit · 2017
- Thomas Laughlin v. Nouveau Body and Tan, LLC, et aCourt of Appeals for the Fifth Circuit · 2010
- Sam Leslie v. Haig MihranianCourt of Appeals for the Ninth Circuit · 2019
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