Prime Realty, Inc., Debtor, James Killips, Chapter 11 Trustee, Plaintiff-Appellants v. Robert C. Schropp, RCS Sons, Inc., and Leo Dahlke, Defendants–A

Bankruptcy trustee failed to demonstrate that debtor bank was insolvent at the time it transferred assets or that the transfers left the bank with an unreasonably small amount of capital, and thus failed to meet his burden of proof on preference and fraudulent conveyance actions.

Date of decision: 12/27/07

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In re Tarangelo -

Avoidance - Transferee's encumbrance of property following fraudulent transfer supported money judgment against her.

An appropriate remedy, in a strong-arm fraudulent transfer avoidance proceeding in which the relative to whom a Chapter 7 debtor fraudulently transferred her residence took out a second deed of trust on the residence following the transfer, thereby stripping the property of the $50,000 equity that debtor possessed at the time of transfer, was entry of money judgment against relative for this lost equity, but after first crediting the relative for any portion of the deed of trust proceeds that the relative could establish were used for the debtor's benefit