Leverage Leasing Co. v. Smith

Opinion by

Judge WEBB.

In this fraudulent conveyance action, plaintiff, Leverage Leasing Co., appeals the judgment entered following a bench trial in favor of defendants, Kenneth A. Smith (husband) and Carol S. Smith (wife). We reverse and remand.

Plaintiff brought this action to enforce a judgment that it had obtained against husband based on his personal guarantee of a company debt to plaintiff. According to plaintiff, the trial court erred in concluding that zero dollars could constitute “reasonably equivalent value” under § 38-8-105(l)(b), C.R.S.2005, of the Colorado Uniform Fraudulent…