You are here

Opinion 205

Case Name: 

Main Hurdman v. Baldwin (In re Vasilacopulos)

Judge: 
Judge Clark
Date: 
Sep-14-1986
Case Number(s): 
84PC-1094
Status: 

UNPUBLISHED

Body: 

Trustee for Ponzi scheme debtor filed an adversary complaint seeking recovery of payments made by debtor to defendant as fraudulent conveyances under 11 U.S.C. § 548(a)(2). The court found that trustee had failed to offer sufficient evidence of debtor's insolvency at the time of the payments, which was an element of its claim against defendant. The court considered whether it could take judicial notice of debtor's schedules and a stipulation entered in another adversary proceeding in which defendant was not a party, as proof of debtor's insolvency. The court concluded that it could not take judicial notice of those documents as proof of insolvency because they did not meet the "not subject to reasonable dispute" standard of Fed. R. Evid. 201 (FRBP 9017). Trustee's complaint was dismissed.

Internal Ref: 
Opinion 205
File: