Legal Opinion

Royal v. Co-Personal Representatives of the Probate Estate of Sanford (In Re Sanford)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided March 28, 2007No. BAP No. WY-06-102, Bankruptcy No. 04-22223, Adversary No. 05-02025Published

1Opinion of the Court

OPINION

CLARK, Bankruptcy Judge.

Chapter 7 Trustee brought an adversary action seeking to avoid Debtor’s renunciation of an interest in his father’s estate as a fraudulent transfer under 11 U.S.C. § 548(a)(1) and (2). 1 Following an eviden-tiary hearing, the bankruptcy court entered judgment in defendants’ favor, finding that the renunciation did not constitute a transfer of an interest in property and, therefore, could not be avoided under § 548(a). Trustee appeals. For the reasons stated herein, we reverse the judgment and remand this matter to the bankruptcy court for further proceedings.

I.…

2Cases cited13 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Forrestine D. Lemaire, by and Through Her Conservator, Howard C. Lemaire, and Howard C. Lemaire v. United StatesCourt of Appeals for the Tenth Circuit · 1987
  4. In Re Popkin & SternCourt of Appeals for the Eighth Circuit · 2000
  5. In Re Darrell Ray Atchison and Anola Marie Atchison, Debtors. Charles E. Jones, Trustee v. Anola Marie AtchisonCourt of Appeals for the Seventh Circuit · 1991

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