Legal Opinion
Rupp v. Posso (In re Castillo)
United States Bankruptcy Court, D. Utah
Decided April 14, 2016No. Bankruptcy Case No. 12-34389; Adversary Proceeding No. 13-2176PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION
JOEL T. MARKER, U.S. Bankruptcy Judge
A chapter 7 trustee is charged with collecting property of the estate, reducing it to 'money, and distributing funds to creditors as expeditiously as possible.1 Among the tools that the trustee may use to collect property of the estate are Bankruptcy Code §§ 544 and 548, which allow the trustee to pursue property that the debtor transferred pre-petition to another person for no consideration or with actual fraudulent intent. Broadly speaking, the purpose of these fraudulent transfer provisions is to prevent an asset that was owned by the…
2Cases cited3 opinions
- Parks v. Fia Card Services, N.A.Court of Appeals for the Tenth Circuit · 2008
- Lake Philgas Service v. Valley Bank & Trust Co.Court of Appeals of Utah · 1993
- In the Matter of the Estate of Rayma Percell (Lohman v. Headley)Court of Appeals of Utah · 2012
3Cited by1 opinion
- Brandon HardmanUnited States Bankruptcy Court, D. Utah · 2021