Hofler v. Marion Lumber Company

HEMPHILL, Chief Judge.

Action instituted by plaintiff to recover $60,239.74 from defendant upon complaint alleging payment of such sum to defendant by bankrupt was fraudulent as. to existing creditors of bankrupt under provisions of Section 67, sub. d(2) (a) of the Bankruptcy Act, 11 U.S.C.A. § 107, sub. d(2) (a). The statute relied on provides:

“Every transfer made and every obligation incurred by a debtor within one year prior to the filing of a peti tion initiating a proceeding under this title by or against him is fraudulent (a) as to creditors existing at the time of such transfer or…