IN RE CREELEY

BK 21-10522 CLB AP 21-1030 CLB.

644 B.R. 264 (2022)

IN RE Kevin C. CREELEY, Debtor. Mark J. Schlant, Trustee in Bankruptcy for Kevin C. Creeley, Plaintiff, v. Marie E. Smierciak, Defendant.

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

Signed September 23, 2022.


Attorney(s) appearing for the Case

Mark J. Schlant, Esq. , 1600 Main Place Tower, 350 Main Street, Buffalo, New York 14202, Chapter 7 Trustee.

Thomas Denny, Esq. , Law Office of Thomas Denny, 331 Alberta Drive, Suite 214, Amherst, New York 14226, Attorney for Kevin C. Creeley and Marie E. Smierciak.


DECISION & ORDER

The Chapter 7 trustee moves for summary judgment in an adversary proceeding brought under 11 U.S.C. § 548 to avoid a pre-petition transfer from the debtor to the mother of his minor child. The primary issue is whether the satisfaction of a moral duty provides reasonably equivalent...

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