Dona Ana Savings & Loan Ass'n v. Dofflemeyer

RANSOM, Chief Justice (dissenting).

I respectfully dissent. Upon careful study of Dona Ana’s briefs and exhibits supporting the allegation of Dofflemeyer’s intent to defraud, I fail to find sufficient

evidence to raise a genuine issue of material fact. Clearly, in anticipation of Dona Ana’s attempt to attach the nonexempt funds, Dofflemeyer simply transferred assets into exempt annuities for no purpose other than retirement. In re Mueller, 71 B.R. 165 (D.Kan.1987), aff'd, 867 F.2d 568 (10th Cir.1989), is instructive as to whether such a transfer of assets was fraudulent as to Dona Ana. There,…