Legal Opinion

Kleven v. Stewart (Myers)

United States Bankruptcy Court, N.D. Indiana

Decided January 14, 2005No. Bankruptcy No. 02-13974; Adversary No. 03-1002PublishedCited by 1 opinion

1Opinion of the Court

DECISION 1

ROBERT E. GRANT, Bankruptcy Judge.

Prior to filing bankruptcy, through a series of transactions, the debtor fraudulently conveyed $34,100 to the defendant. This adversary proceeding is one result. By itself, that is nothing unusual. Actions involving fraudulent transfers are a bread and butter staple of bankruptcy litigation. What makes this matter a bit different is not the facts upon which it is based, but the relief the plaintiff/trustee seeks. Rather than just seeking to avoid the transfers and recover the money, the trustee seeks treble damages and attorney fees, for a total…

2Cases cited15 opinions

  1. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  2. Bankers Trust Company v. Daniel Rhoades, Herman Soifer and Milton BratenCourt of Appeals for the Second Circuit · 1988
  3. Koch Refining v. Farmers Union Central Exchange, Inc.Court of Appeals for the Seventh Circuit · 1987
  4. Jay Steinberg, as Trustee in Bankruptcy of Ted's Plumbing, Inc. v. Helen Buczynski and Ted BuczynskiCourt of Appeals for the Seventh Circuit · 1994
  5. Fisher v. ApostolouCourt of Appeals for the Seventh Circuit · 1998

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3Cited by1 opinion

  1. In Re MyersUnited States Bankruptcy Court, N.D. Indiana · 2005

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