United States v. Ernestine Horton, D/B/A Pine View Manor Nursing Home, and McKinley Horton

TUTTLE, Senior Circuit Judge:

This is an appeal by the United States from a judgment by the district court holding that certain transfers of property which stood in the name of Ernestine Horton to herself and her husband, McKinley Horton, as tenants by the entirety, were not in fraud of creditors. In 1978, the United States obtained a judgment against Ernestine for Medicare program over-payments received by her in her operation of the Pine View Manor Nursing Home. While that litigation was pending, Ernestine transferred the property in dispute, which had been held in her name alone, and which…