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IN RE DAMO CORP.

Bankruptcy No. 89-01871-BKC-TCB, ADV. No. 89-0213-BKC-TCB-A.

101 B.R. 810 (1989)

In re DAMO CORPORATION, Debtor. Daniel L. BAKST, as Trustee, Plaintiff, v. MAR-FLITE LIMITED, Defendant.

United States Bankruptcy Court, S.D. Florida.

June 23, 1989.

Attorney(s) appearing for the Case

Kimbrell & Hamann, P.A., Miami, Fla., for trustee.

Daniel L. Bakst, West Palm Beach, Fla., Trustee.

Robert S. Forman, Ft. Lauderdale, Fla., for DAMO.

Scott A. Orth, Hall, Poller & O'Brien, Miami, Fla., for Mar-Flite.

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The trustee seeks the avoidance of the debtor's transfer of a yacht (the Motivation) to the defendant. The trustee alleges a fraudulent transfer under 11 U.S.C. § 548(a)(2) (constructive fraud) and § 548(a)(1) (actual fraud). At trial plaintiff abandoned Count III under Fla.Stat. § 726.101. The defendant transferee has answered. The matter was tried on June 6.

The trustee makes...

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