Federal Deposit Insurance v. Kefalas

INTRODUCTION

Plaintiff in this case, the Federal Deposit Insurance Corporation (“FDIC”), seeks entry of judgment following two jury verdicts in its favor, one establishing the liability of defendant John H. Refalas and the other establishing that certain transfers from Mr. Refalas to his wife, Alice, were fraudulent. In addition, the FDIC seeks recovery of attorneys fees and costs claiming that the opposition of Mr. and Mrs. Refalas to its fraudulent-transfer claims was wholly insubstantial, frivolous and not advanced in good faith. See G.L.c. 231, §6F.

Defendants oppose the motion for entry of…