Fitzgerald v. Magic Valley Evangelical Free Church, Inc. (In Re Hodge)

MEMORANDUM OF DECISION

JIM D. PAPPAS, Chief Judge.

Introduction.

This adversary proceeding raises difficult and important issues of statutory and Constitutional law. It was commenced by L.D. Fitzgerald (“Plaintiff”), the Chapter 7 Trustee of the bankruptcy estate of Debtors Sean and Debra Hodge, to avoid what he alleges were fraudulent transfers made by Debtors to Magic Valley Evangelical Free Church, Inc. (“Defendant”). The matter is before the Court on Plaintiffs Motion for Summary Judgment, and Defendant’s Motion to Dismiss or for Summary Judgment. These motions were argued to the Court on…