Meininger v. Miller (In Re Miller)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Chief Judge.

This is a Chapter 7 case and the matter under consideration is a Complaint filed by Stephen L. Meininger (Trustee), who seeks to set aside certain transactions by Thomas Wherrett Miller (Debtor). The Trustee’s claim for relief is set forth in his five Count Complaint.

In Count I the Trustee seeks to avoid the fraudulent transfer of property pursuant to 11 U.S.C. § 544(a) and Florida Statutes § 726.105(l)(a); the Claim in Count II is based 11 U.S.C. § 544(a) and Fla.Stat. § 726.105(l)(b) and the claim on…