IN RE ALTMEYER

Bankruptcy No. 99-12291 B. Adversary No. 99-1205 B.

268 B.R. 349 (2001)

In re Sandra J. ALTMEYER, Debtor. Mark S. Wallach, Trustee, Plaintiff, v. Frank Altmeyer, Centex Home Equity Corporation, Defendants.

United States Bankruptcy Court, W.D. New York.

October 11, 2001.


Attorney(s) appearing for the Case

Penney, Maier, Wallach & Crowe, Mark S. Wallach, Esq., of counsel, Buffalo, NY, for Plaintiff/Trustee.

Thomas P. Connelly III, Esq., Tonawanda, NY, Attorney for Centex Home Equity Corporation.


CARL L. BUCKI, Bankruptcy Judge.

Standards of title examination have recognized the special problems that arise when a deed within the chain of title recites only a nominal consideration. See, for example, BAR ASSOCIATION OF ERIE COUNTY, STANDARDS OF TITLE EXAMINATION 5 (1997). The reason for this concern is the potential treatment of the transfer as a fraudulent conveyance, either under state law or under section 548 of the Bankruptcy Code. As illustrated...

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