Bird v. McCauley (In re McCauley)

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REMAND

R. KIMBALL MOSIER, U.S. Bankruptcy Judge

This matter is before this Court on the United States District Court’s order remanding the case for further proceedings (Remand Order) consistent with the Dis*405trict Court’s memorandum decision and order of September 18,2015.

I. PROCEDURAL BACKGROUND

The Trustee’s complaint asserted claims based on alter ego, resulting trust, and constructive trust and sought damages and turnover for violation of the automatic stay and avoidance and recovery of the unauthorized post-petition transfer of certain real property…