Blackwell v. Lurie (In re Popkin & Stern)

KRESSEL, Bankruptcy Judge.

The defendants, Michael Lurie and Ryan Lurie, appeal from the order of the bankruptcy court2 which awarded the defendants restitution for their interest in property that was sold at an execution sale pursuant to a fraudulent transfer judgment which was subsequently reversed. The bankruptcy court determined that, upon a reversal of judgment, an appellant is entitled to restitution in the amount actually received by the appellee, plus interest and taxable costs. Defendants argue that they are entitled to damages in the form of the fair market value of the property…