IN RE VALENTE

No. 03-1103.

360 F.3d 256 (2004)

In re Paul VALENTE, Debtor Fleet National Bank, Appellant, v. Paul Valente, Appellee.

United States Court of Appeals, First Circuit.

Decided March 2, 2004.


Attorney(s) appearing for the Case

Thomas S. Hemmendinger, with whom Brennan, Recupero, Cascione, Scungio & McAllister, LLP was on the brief, for Appellant.

Louis A. Geremia, with whom Lisa A. Geremia, and Geremia & DeMarco, Ltd. were on the brief, for Appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior U.S. District Judge.


LIPEZ, Circuit Judge.

On motion by Fleet National Bank for the turnover of $18,000 held in escrow as security for an outstanding claim, the bankruptcy court ruled that the escrow funds should instead be turned over to the debtor because the debtor's transaction at issue was not a fraudulent conveyance within the meaning of the Uniform Fraudulent Transfer Act (UFTA). On appeal, the district court agreed. We now reverse the district court and direct the bankruptcy court...

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