(S.D. Ind. Feb. 3, 2016)

The district court affirms the judgment of the bankruptcy court, avoiding the post-petition transfer of real property. The debtor’s father had transferred real estate to the debtor’s entity prior to the bankruptcy to avoid attachment by creditors. Post-petition, the debtor’s father recorded a deed transferring title back to himself. The father claimed that it was never his or the debtor’s intent for the debtor to have title to the property. The fact that title was transferred to avoid the father’s creditors was sufficient evidence of intent to transfer title, and thus the post-petition transfer from the estate was improper. Opinion below.

2016-02-03 – lynn v pry