(S.D. Ind. June 27, 2017)
The district court adopts the bankruptcy court’s proposed findings and conclusions and holds that the trustee is entitled to avoid a fraudulent transfer made to one of the defendants. The court concludes the transfer of real property is appropriately avoided under the Indiana Uniform Fraudulent Transfer Act. The defendant was not entitled to the status of a good-faith purchaser because the circumstances surrounding the transfer were too bizarre, including facts suggesting the defendant did very little due diligence prior to purchasing the property and failed to obtain any receipt showing cash payments to satisfy the purchase price. Opinion below.
Attorneys for Trustee: Rubin & Levin PC, John M. Rogers
Attorneys for Defendants: Hostetter & Associates, John K. McDavid, Joshua D. Hershberger