Gugino v. Orlando (In Re Ganier)

MEMORANDUM OF DECISION

TERRY L. MYERS, Chief Bankruptcy Judge.

INTRODUCTION

The chapter 7 trustee, Jeremy Gugino (“Trustee”) filed this adversary proceeding to obtain a judgement avoiding certain prebankruptcy transfers made by debtors, Patrick Franklin Ganier and Marcie Cse-plo Ganier (“Debtors”) as fraudulent. See § 548(a). 1 Debtors responded with a motion to dismiss the complaint under Fed. R.Civ.P. 12(b)(6), made applicable by Fed. R. Bankr.P. 7012, alleging Trustee “failed to state a claim for which relief may be granted.” See Doc. No. 3 (“Motion”). The Motion was briefed, argued, and…