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ROYAL Z LANES v. COLLINS HOLDING CORP.

No. 25026.

337 S.C. 592 (1999)

524 S.E.2d 621

ROYAL Z LANES, INC., Plaintiff-Appellee, v. COLLINS HOLDING CORPORATION, Defendant-Appellant.

Supreme Court of South Carolina.

Decided December 6, 1999.

Attorney(s) appearing for the Case

Anne M. Frayne, Jacob A. Myers and Sue Seeberger, all of Myers & Frayne Co., L.P.A., and Katherine C. McGuire, of McGuire & Hawk, all of Dayton, Ohio; and Richard S. Rosen and Donald B. Clark, both of Rosen, Goodstein & Hagood, L.L.C., of Charleston, for plaintiff-appellee.

Lawrence T. Burick, of Thompson, Hine & Flory, L.L.P., of Dayton, Ohio; and Timothy C. Youmans, of Columbia, for defendant-appellant.

MOORE, Justice:

We agreed to answer the following question certified by the Sixth Circuit Bankruptcy Appellate Panel:

Whether, in the absence of actual intent to defraud creditors, S.C.Code Ann. § 27-23-10 sets aside as a fraudulent conveyance the transfer of an interest in property worth $1,000,000 when consideration of $195,389 was received by the transferor?

FACTS

The certification order indicates the following facts. In April 1994...

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