Legal Opinion

Gennet v. Lindholm (In re Emrick)

United States Bankruptcy Court, S.D. Florida.

Decided February 10, 1989No. Bankruptcy No. 88-01621-BKC-TCB; Adv. No. 88-0576-BKC-TCB-APublished

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The trustee seeks the avoidance under 11 U.S.C. §§ 547(b) and 550 of the debtors’ transfer of a 1957 Thunderbird to the defendants, parents of the debtor wife. The defendants have answered and the matter was tried on January 24.

I conclude that this transfer occurred April 26,1988 and was, therefore, an avoidable preference, and that the trustee is entitled to its recovery.

The facts, as distinct from the legal consequences of those facts, are relatively sim-pie and are not in significant dispute. The debtor wife embezzled money from her…

2Cases cited3 opinions

  1. Correria v. Orlando Bank & Trust CompanyDistrict Court of Appeal of Florida · 1970
  2. Palmer v. Morford (In Re Canup Mechanical, Inc.)United States Bankruptcy Court, M.D. Florida · 1979
  3. Faircloth v. Giorgetti (In re the International Gold Bullion Exchange, Inc.)United States Bankruptcy Court, S.D. Florida. · 1985

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API