Novinski-Durando v. Heaps (In re Heaps)
UNPUBLISHED
Trustee sought to set aside debtors' transfer of their residence to their son, as a fraudulent transfer. The court concluded that, at the time of the transfer, debtors did not intend or believe that they would incur debts beyond their ability to pay and, therefore, trustee's 11 U.S.C. § 107d(2)(c) claim failed. The issues with respect to trustee's claim under § 107d(2)(a) were whether debtors were rendered insolvent by the transfer and whether fair consideration was paid by their son. The court found that debtors were rendered insolvent by the transfer of the property, and that son's assumption of a $25,000 first mortgage on a $62,000 property was not fair consideration, and refused to include the value of a life estate in the property as part of son's consideration, as no written agreement had been produced that created such a property right in debtors.