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IN RE BERGMAN

Bankruptcy No. 01-12739K. Adversary No. 02-1137K.

293 B.R. 580 (2003)

In re Karen Grimmer BERGMAN, Debtor. John H. Ring III, as Chapter 7 Trustee of the Estate of Karen Grimmer Bergman, Plaintiff, v. Karen Grimmer Bergman and Roy Bergman, Defendants.

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

May 20, 2003.

Attorney(s) appearing for the Case

John H. Ring III, Esq., Buffalo, NY, trustee/plaintiff.

Leonard Berkowitz, Esq., Berkowitz & Pace, Orchard Park, NY, for the defendants.

MICHAEL J. KAPLAN, Bankruptcy Judge.

This case provides a singular opportunity to lay to rest the old saw to the effect that under the Uniform Fraudulent Conveyances Act ("UFCA")1 transferring one's interest in one's home to one's spouse before embarking in business is always a fraudulent transfer. We find that that is not true.2

What makes this case so useful is the fact that this Debtor's business...

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