Nakagawa v. Sergio, Inc. (In Re Sergio, Inc.)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JON J. CHINEN, Bankruptcy Judge.

Scott R. Nakagawa, Trustee, and Hawaii Leasing, a limited partnership, by and through its' attorney-in-fact, GECC Hawaii Leasing Corporation, a Hawaii corporation, hereafter “Plaintiffs”, filed their amended Complaint to Set Aside Fraudulent Transfer on April 10, 1981. Subsequently, the Complaint was further amended to add a theory of constructive trust and violation of the Hawaii Bulk Transfer laws in order to set aside transfers by the above-named Defendants.

Trial was held on September 14,15,16, 21 and 22, 1981. Scott R.…