Butler v. Loomer (In Re Loomer)

MEMORANDUM

JOHN C. MINARAN, Jr., Bankruptcy Judge.

In this adversary proceeding, the Chapter 7 Standing Trustee asserts that pre-petition voluntary contributions and loan repayments made by the debtor, Frank Loomer, to his ERISA-qualified retirement plan are avoidable preferences and/or fraudulent conveyances. I conclude that there was no preferential transfer, but that the voluntary contributions constitute avoidable fraudulent conveyances. I previously ruled that the trustee may not recover an avoidable transfer from the ERISA-qualified plan and I dismissed the plan administrator and plan…