IN RE DUQUE RODRIQUEZ

Bankruptcy No. 83-00903-BKC-TCB, Adv. No. 87-0190-BKC-TCB-A.

77 B.R. 937 (1987)

In re Alberto DUQUE RODRIGUEZ and Domino Investments, Ltd., Debtors. John Paul MURPHY, Trustee, Plaintiff, v. AVIANCA, INC., Defendant.

United States Bankruptcy Court, S.D. Florida.

July 24, 1987.


Attorney(s) appearing for the Case

Jeffrey B. Lathe, Blackwell, Walker, Fascell & Hoehl, Miami, Fla., for plaintiff.

William G. Bell, Miami, Fla., for defendant.


MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The trustee for Domino Investments, Ltd., a debtor in this court, seeks avoidance under 11 U.S.C. § 548(a)(2), constructive fraud, of a transfer of $42,397 from the debtor to defendant made March 3, 1983, two months before bankruptcy. Although the trustee also alleged actual fraud, that allegation was abandoned at trial. Default was entered against defendant. (C.P. No. 8). Defendant answered the next...

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