Holber v. M & T Bank (In Re Scheffler)

MEMORANDUM OPINION

RICHARD E. FEHLING, Bankruptcy Judge.

I. INTRODUCTION

With all due respect for the excellent lawyers involved in this litigation, I suggest that they missed the real issues central to this dispute. They were correct to argue that the issue of reasonably equivalent value is important in this fraudulent transfer case. But the timing of the relevant events belies the parties’ narrow focus on the value of a certain technology as the key to resolving the Trustee’s claim.

II. SUMMARY OF DECISION

Debtor voluntarily assumed certain debt of his family’s business, Defendant Penn Graphics…