IN RE NEAL

BAP No. 11-8081.

478 B.R. 261 (2012)

In re Karen NEAL, Debtor. Andrew W. Suhar, Plaintiff-Appellee, v. Craig Bruno, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided: September 28, 2012.


Attorney(s) appearing for the Case

ARGUED: Bruce M. Broyles , The Law Office of Bruce M. Broyles, Boardman, OH, for Appellant. Frederic P. Schwieg , Rocky River, OH, for Appellee. ON BRIEF: Bruce M. Broyles , The Law Office of Bruce M. Broyles, Boardman, OH, for Appellant. Frederic P. Schwieg , Rocky River, OH, for Appellee.

Before: EMERSON, McIVOR, and PRESTON, Bankruptcy Appellate Panel Judges.


OPINION

C. KATHRYN PRESTON, Bankruptcy Judge.

At issue in this appeal is whether the debtor received reasonably equivalent value when she transferred property to her husband in a pre-petition separation agreement which was incorporated into a marriage dissolution decree. The chapter 7 trustee alleged that she did not and that the transfer was avoidable under 11 U.S.C. § 548(a)(1)(B) and Ohio Revised Code § 1336.05. The bankruptcy court agreed with...

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