Legal Opinion
Lawson v. Barden (In Re Skalski)
United States Bankruptcy Court, W.D. New York
Decided January 2, 2001No. 2-17-21162PublishedCited by 8 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Bankruptcy Judge.
This case presents the common scene of a parent (perhaps an aged or infirm parent) transferring her valuable house, without consideration, to a grown child while she is insolvent (or rendering herself insolvent), in what she thinks is a guileless, fair, and fair-minded exchange for her future care by her child.
In law, it is a fraudulent transfer even if the child did not know about the debts. If the child is not going to pay the fair value of the house, then he or she should have searched for and paid all the parent’s debts (borrowing against the house if…
2Cases cited15 opinions
- HBE Leasing Corp. v. FrankCourt of Appeals for the Second Circuit · 1995
- Julien J. Studley, Inc. v. LefrakNew York Court of Appeals · 1979
- Julien J. Studley, Inc. v. LefrakAppellate Division of the Supreme Court of the State of New York · 1979
- Kain v. . LarkinNew York Court of Appeals · 1892
- Schmitt v. MorganAppellate Division of the Supreme Court of the State of New York · 1983
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Geltzer v. Borriello (In Re Borriello)United States Bankruptcy Court, E.D. New York · 2005
- Lippe v. Bairnco Corp.District Court, S.D. New York · 2003
- Sharp International Corp. v. State Street Bank & Trust Co. (In Re Sharp International Corp.)United States Bankruptcy Court, E.D. New York · 2002
- Geltzer v. Artists Marketing Corp. (In Re Cassandra Group)United States Bankruptcy Court, S.D. New York · 2006
- Pereira v. Dow Chemical Co. (In Re Trace International Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 2002
3 more not listed; retrieve them via the Exa API.