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IN RE COSTAS

No. 06-16520.

555 F.3d 790 (2009)

In re John M. COSTAS and Rachelle M. Costas, Debtors. Maureen Gaughan, Chapter 7 Trustee, Appellant, v. The Edward Dittlof Revocable Trust, and Rachelle M. Costas, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2009.

Attorney(s) appearing for the Case

Paul Sala, Allen & Sala, P.L.C., Phoenix, AZ, for the appellant.

Mark A. Bregman, Bregman & Burt, Scottsdale, AZ, for the appellees.

Before: ANDREW J. KLEINFELD, N. RANDY SMITH, Circuit Judges, and RICHARD MILLS, District Judge.

MILLS, District Judge:

The Bankruptcy Code's federal fraudulent conveyance provision allows a trustee to avoid "any transfer ... of an interest of the debtor in property" within a two year reach back period where the transfer was actually or constructively fraudulent. 11 U.S.C. § 548(a)(1). The question in this case is whether an Arizona disclaimer qualifies as a "transfer ... of an interest of the debtor in property." Because we answer this question in the negative...

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