Legal Opinion

In the Matter of Roger Burnett Treadwell, Debtor. James D. Walker, Jr., Trustee v. Roger Burnett Treadwell, and Regina Taylor

Court of Appeals for the Eleventh Circuit

Decided March 7, 1983No. 81-7762PublishedCited by 59 opinions

1Opinion of the Court

RONEY, Circuit Judge:

The Trustee in Bankruptcy appeals from an order of the bankruptcy court denying the estate recovery of funds transferred by the Debtor to his daughters within one year before he filed a petition in bankruptcy. We agree with the Trustee that, although the funds came from the payment of social security benefits, they were not exempt from the operation of the new Bankruptcy Code and the gifts could be set aside as fraudulent conveyances. We therefore reverse.

The facts are not in dispute. Less than one year before filing for voluntary bankruptcy, the Debtor transferred $1,000…

2Cases cited8 opinions

  1. Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
  2. Oliver Reginald Cheeseman and Isabelle Cheeseman v. Erwin B. Nachman, in Re Oliver Reginald Cheeseman and Isabelle Cheeseman, DebtorsCourt of Appeals for the Fourth Circuit · 1981
  3. Department of Health and Rehabilitative Services, State of Florida, Plaintiff v. Rachel G. Davis, as Guardian of the Estate of Arthur Grady GlasscockCourt of Appeals for the Fifth Circuit · 1980
  4. United States v. WestDistrict Court, D. Delaware · 1969
  5. Roddam v. MartinSupreme Court of Alabama · 1970

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3Cited by59 opinions

  1. Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf ChannelTexas Supreme Court · 2016
  2. Williams v. Marlar (In Re Marlar)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  3. United States v. Janice E. DevallCourt of Appeals for the Eleventh Circuit · 1983
  4. Hyman v. Porter (In Re Porter)United States Bankruptcy Court, E.D. Virginia · 1984
  5. In Re Northern Merchandise, Inc., Debtor, Frontier Bank v. Ronald G. Brown, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 2004

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