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FRIERDICH v. MOTTAZ

No. 01-4058.

294 F.3d 864 (2002)

In re Michael V. FRIERDICH, Sr., Debtor, v. Steven V. MOTTAZ, Trustee of the Estate of Michael V. Frierdich, Sr., Plaintiff-Appellee, v. Beverly Oswald, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 21, 2002.

Attorney(s) appearing for the Case

Paul J. Puricelli (argued), St. Louis, MO, for Appellant.

Steven N. Mottaz (argued), Alton, IL, for Appellee.

BEFORE: EASTERBROOK, ROVNER, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Michael Frierdich is a Chapter 7 debtor, which means, in simplest terms, that he does not have enough assets to pay off a staggering amount of debt. This case, between the bankruptcy trustee (Mottaz) and Frierdich's wife (Oswald), turns on when Frierdich transferred shares of stock (or their proceeds, worth $400,000) to Oswald. The answer to that question affects whether Mottaz can upset the transfer and obtain its proceeds for distribution...

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