Farinash v. Silvey (In Re Silvey)

MEMORANDUM

R. THOMAS STINNETT, Bankruptcy Judge.

The trustee in bankruptcy brought this suit to avoid a transfer from the debtor, Mrs. Silvey, to her husband, Mr. Silvey. The other defendant is Mr. Silve/s company, Silvey Sheet Metal; it was involved in subsequent transactions with regard to the transferred property. The trustee and the defendants have filed motions for partial summary judgment and have agreed on some undisputed facts. The arguments will be easier to understand in light of the undisputed facts and some disputed facts.

When the debtor married Mr. Silvey in April 2004, she owned…