(S.D. Ind. Feb. 13, 2017)
The district court affirms the bankruptcy court’s judgment in favor of the trustee in this fraudulent transfer action. The district court rejects the defendant’s arguments that the bankruptcy court relied too heavily on a trust document and state court judgment for the finding of fraud. The bankruptcy court did not abuse its discretion by entering a money judgment for the value of the shares at the time of the transfer rather than ordering that the shares be returned (at their depreciated value). The bankruptcy court also did not commit clear error in valuing the shares. Opinion below.
Attorneys for Trustee: Rubin & Levin PC, John M. Rogers
Appellant: Pro Se