IN RE SKALSKI

Bankruptcy No. 99-14798 K. Adversary No. 99-1368 K.

257 B.R. 707 (2001)

In re Theresa H. SKALSKI, Debtor. William E. Lawson, as Trustee in Bankruptcy of Theresa H. Skalski, Plaintiff, v. William R. Barden and Christine A. Barden, Defendants.

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

January 2, 2001.


Attorney(s) appearing for the Case

William E. Lawson, Buffalo, Trustee.

David A. Curtin, Williamsville, for Debtor.


MICHAEL J. KAPLAN, Bankruptcy Judge.

This case presents the common scene of a parent (perhaps an aged or infirm parent) transferring her valuable house, without consideration, to a grown child while she is insolvent (or rendering herself insolvent), in what she thinks is a guileless, fair, and fair-minded exchange for her future care by her child.

In law, it is a fraudulent transfer even if the child did not know about the debts. If the child is not going...

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