Kuhn v. Nance (In Re Nance)

DECISION

BURTON PERLMAN, Bankruptcy Judge.

Defendants James R. Nance and Carolyn Sue Nance are debtors who filed a voluntary Chapter 7 petition in bankruptcy. Plaintiff herein, David W. Kuhn, Esq., was appointed trustee in the case. The trustee commenced this adversary proceeding against debtors, and also Marvin Fraley and Janet L. Fraley. At pretrial, plaintiff stated that he based his complaint on grounds that there had been a preferential transfer from defendants Nance to defendants Fra-ley pursuant to 11 U.S.C. § 547, and alternatively such transfer constituted a fraudulent conveyance under…