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Opinion 42

Case Name: 

Segal v. Grooms (In re Grooms), 13 B.R. 376 (Bankr.D.Utah)

Judge: 
Judge Mabey
Date: 
Aug-24-1981
Case Number(s): 
80-0234
Status: 

PUBLISHED

Body: 

Chapter 7 trustee sought to avoid debtor's transfer of his wholly owned residence to his son and daughter-in-law, claiming the transfer was fraudulent under 11 U.S.C. § 544(b) and Utah Code Ann. § 25-1-4. After losing his case at trial, trustee moved for a new trial, asserting that the court had applied the wrong burden of proof. The court held that the burden of proof had been properly placed on trustee, that trustee's failure to object to the court's jury instruction on that issue constituted a waiver, and that the facts of the case supported not shifting the burden to the defendants.

Internal Ref: 
Opinion 42
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