You are here

Opinion 448

Case Name: 

Marker v. Fullerton (In re Fullerton)

Judge: 
Judge Thurman
Date: 
Dec-18-2003
Case Number(s): 
03-2301
Status: 

UNPUBLISHED

Body: 

The Court granted partial summary judgment on the Plaintiff Trustee's motion in an adversary proceeding commenced for recovery of property fraudulently transferred pursuant to § 25-6-6 of the Utah Code. In this proceeding, the Trustee relied on state law to reach back a period of 4 years prior to the filing of the Debtor's bankruptcy case to challenge a transfer by the Debtor to a former spouse. The Trustee alleged that the Debtor transferred certain real property to the Defendant for less than reasonably equivalent value. The Court ruled that a conveyance where a substantial portion of the consideration consisted of a promise of reduced future rents valued at approximately $98,550 did not constitute reasonably equivalent value. Other issues of fact remained to be tried.

Internal Ref: 
Opinion 448
File: