Egan v. Oliver (In Re Oliver)

MEMORANDUM AND ORDER ON COMPLAINT TO AVOID A FRAUDULENT TRANSFER

PAUL W. GLENNON, Bankruptcy Judge.

The complaint filed by the Chapter 7 Trustee, John J. Egan (“Trustee”), sought to avoid an alleged fraudulent transfer of real estate by the debtor and his wife. The Court has under advisement the motion of the debtor, David G. Oliver (“debtor”), for summary judgment and the Trustee’s cross-motion for summary judgment. Neither party filed supporting affidavits.

DISCUSSION

The debtor and his wife owned property as tenants by the entirety pursuant to common law principles of Massachusetts. Under the…