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IN RE FORDU

BAP Nos. 97-8020, 97-8021.

209 B.R. 854 (1997)

In re Daniel J. FORDU, Debtor. Harold A. CORZIN, Chapter 7 Trustee, Plaintiff-Appellant and Cross-Appellee, v. Daniel J. FORDU, Defendant-Appellee, Julie A. Fordu, Defendant-Appellee and Cross-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided July 7, 1997.

Attorney(s) appearing for the Case

Michael J. Moran, Sr., Weick, Gibson & Lowry, Cuyahoga Falls, OH (Michael J. Moran, Sr., on brief), for Appellant.

Howard S. Rabb, Dworken & Bernstein, Painesville, OH (Howard S. Rabb, Painesville, OH, and Gerald D. Piszczek, Medina, OH, on brief), for Appellee.

Before: LUNDIN, RHODES, and WALDRON, Bankruptcy Appellate Panel Judges.

OPINION

The Chapter 7 Trustee filed a complaint to avoid certain prepetition transfers made by the Debtor, Daniel J. Fordu, to Julie A. Fordu, his former spouse ("Ms. Fordu"), under a Separation Agreement in a dissolution proceeding. Specifically, the Trustee seeks to avoid the transfer of the Debtor's interest in the proceeds of a winning lottery ticket and a marital residence, as being either fraudulent or preferential...

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