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Opinion 578

Case Name: 

Hofmann v. Drabner (In re Baldwin)

Judge: 
Judge Thurman
Date: 
Aug-11-2014
Case Number(s): 
13-2515
Status: 

PUBLISHED

Body: 

Less than a month before the Debtor filed bankruptcy, her mother transferred funds to the trust account of the Debtor's criminal defense attorney, who in turn transferred the money to the Defendants to settle criminal charges against the Debtor. The Trustee sought to avoid the transfer to the Defendants as a preferential or fraudulent transfer, and both parties moved for summary judgment. Applying the dominion or control and diminution of the estate tests found in Parks v. FIA Card Services, N.A. (In re Marshall), 550 F.3d 1251 (10th Cir. 2008), the Court granted summary judgment to the Defendants, concluding that the transfer was not of "an interest of the debtor in property" under 11 U.S.C. § 547 or § 548.

Internal Ref: 
Opinion 578
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