Gaughan v. Edward Dittlof Revocable Trust

MILLS, District Judge:

The Bankruptcy Code’s federal fraudulent conveyance provision allows a trustee to avoid “any transfer ... of an interest of the debtor in property” within a two year reach back period where the transfer was actually or constructively fraudulent. 11 U.S.C. § 548(a)(1). The question in this case is whether an Arizona disclaimer qualifies as a “transfer ... of an interest of the debtor in property.” Because we answer this question in the negative, the Bankruptcy Appellate Panel’s refusal to avoid the disclaimer under § 548 is affirmed.

I. FACTS

On October 18, 2001, Edward P.…