Fisher v. CFC Capital Corp. (In Re DuPage Boiler Works, Inc.)

MEMORANDUM OPINION

JACK B. SCHMETTERER, Bankruptcy Judge.

From the Complaint it appears that Trustee seeks to avoid a certain Assignment to Defendant Harriet Caldwell a/k/a Harriet Scherl pursuant to 11 U.S.C. § 548 (Count I), § 544(a) (Count II), and § 544(b) (Count III). At stake is a fund of at least $32,247.42, the net proceeds after sale of the relevant property.

At all times that this Adversary case pended, said Defendant has been incarcer ated in a Federal Correction Institution in Danbury, Connecticut, and has therefore been unable to attend any court proceedings here. Her husband Morton…