Kleinfeld v. Nacol (In Re Nacol)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 7 liquidation case and the immediate matter under consideration is an attempt by the Trustee, Lawrence S. Kleinfeld, to set aside a transaction between the Debtor, Thomas Patrick Nacol and the Defendant, Ronald Nacol. The Trustee claims that the transaction was a fraudulent conveyance under § 548(a)(2) of the Bankruptcy Code and, therefore, the estate is entitled to recover the transferred property.

The Court having considered the record and heard argument of counsel, finds as follows:

O…