Wallach v. Simcoe (In re Lorenzo)

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge,

The Chapter 7 Trustee seeks Summary Judgment to recover $12,000 transferred by the Debtor to his sister on the eve of filing. The Debtor and his sister assert that the $12,000 was her share of an inheritance. The facts are not in dispute. Judgment will enter in favor of the Trustee.

FACTS AND DISCUSSION

This is the third in a line of written decisions in which this writer addresses the claims of a debtor or others to the effect that an unequivocal, documented transaction was not in fact what it appeared to be. In In re Wittmeyer, 311 B.R. 137…