Voiland v. Kimmell (In re Kimmell)

MEMORANDUM OPINION

MANUEL BARBOSA, Bankruptcy Judge.

The Chapter 7 Trustee filed an adversary proceeding against the Debtor’s ex-wife seeking to avoid an unequal division of property under a marital settlement agreement signed 1.5 years before the Debtor’s petition date as a fraudulent transfer. For the reasons stated below, the Trustee failed to meet his burden of demonstrating that the unequal division constituted a fraudulent transfer, and therefore judgment will be entered in favor of the Defendant.

I. JURISDICTION AND PROCEDURE

The Court has jurisdiction to decide this matter pursuant to 28…