Phillip Kelly, Trustee v. David Armstrong Hannah Armstrong Omaha State Bank David N. Armstrong, of the Estate of Theodore F. Armstrong
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BEAM, Circuit Judge.
Phillip Kelly, the trustee of David and Hannah Armstrong’s bankruptcy estate (the Trustee), brought this action under 11 U.S.C. § 548(a). He alleged both actual and constructive fraud and sought to set aside four pre-bankruptcy transfers. The case was tried to a jury. The jury found in favor of the defendants and the Trustee appealed. We reversed and remanded on a jury instruction issue. The case was tried again and the jury again returned a verdict in favor of the defendants on all four claims. The district court denied motions for a judgment as a matter of law and a new…
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