Cox v. Griffin (In Re Griffin)

FEDERMAN, Bankruptcy Judge.

Barbara Griffin appeals from an order of the bankruptcy court 1 avoiding post petition payments made to her by her husband, debtor Stephen A. Griffin. The bankruptcy court also held that a prenuptial agreement executed by Stephen and Barbara did not result in a present transfer of certain real estate to Barbara. As a result, such real estate is an asset of Stephen’s bankruptcy estate. We affirm.

FACTUAL BACKGROUND

On April 26, 2000, Barbara and Stephen executed a prenuptial agreement that provided in part:

Further, it is the intent of Stephen Griffin to give, devise,…