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GLIMCHER SUPERMALL VENTURE v. COLEMAN

No. 24163.

739 N.W.2d 815 (2007)

2007 SD 98

GLIMCHER SUPERMALL VENTURE, LLC, a Delaware corporation, Plaintiff and Appellant, v. COLEMAN COMPANY and Dwight Sobczak, Sr., Defendants and Appellees, Dwight Sobczak, Jr., Dan Sobczak, and Duane Sobczak, Defendants.

Supreme Court of South Dakota.

Decided September 19, 2007.

Attorney(s) appearing for the Case

Haven L. Stuck and Jane Wipf Pfeifle of Lynn, Jackson, Shultz & Lebrun, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Ted L. McBride and Larry M. Von Wald of Beardsley, Jensen & Von Wald, LLC, Rapid City, South Dakota, Attorneys for defendants and appellees.

KEAN, Retired Circuit Judge.

[¶ 1.] Glimcher SuperMall Venture, LLC (Glimcher) brought this action in Pennington County, South Dakota under the Uniform Fraudulent Transfer Act (UFTA), claiming that the transfer of substantially all of the assets of Black Hills Gold Factory Outlet Store, Inc. (BHG) to Coleman Company (Coleman) and Dwight Sobczak (Sobczak) was a prohibited fraudulent transfer.

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