LEVERAGE LEASING CO. v. SMITH

No. 05CA0432.

143 P.3d 1164 (2006)

LEVERAGE LEASING CO., Plaintiff-Appellant, v. Carol S. SMITH and Kenneth A. Smith, Defendants-Appellees.

Colorado Court of Appeals, Div. A.

August 10, 2006.


Attorney(s) appearing for the Case

Harry L. Simon, P.C., Harry L. Simon, Russell B. Klein, Denver, Colorado, for Plaintiff-Appellant.

Boatright, Ripp & Sharpe, LLC, Gerald E. Boatright, Thomas R. Ripp, Wheatridge, Colorado, for Defendants-Appellees.


Opinion by Judge WEBB.

In this fraudulent conveyance action, plaintiff, Leverage Leasing Co., appeals the judgment entered following a bench trial in favor of defendants, Kenneth A. Smith (husband) and Carol S. Smith (wife). We reverse and remand.

Plaintiff brought this action to enforce a judgment that it had obtained against husband based on his personal guarantee of a company debt to plaintiff. According to plaintiff, the trial court erred in concluding...

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