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Donald A. Stukes, Liquidating Trustee v. John Argoudelis (In re NCW Properties, LLC)

20ap00246, 18bk20215
Upon the motion for summary judgment, brought by the defendant, alleging that the plaintiff has failed to provide any evidence to support two of the elements of fraudulent transfer counts—that the transfer the plaintiff seeks to avoid was property of the debtor and that the debtor was insolvent at the time of the transfer—and, in the alternative, that the defendant should be granted summary judgment with respect his good faith for value defense, held:  The defendant has not satisfied his burden in demonstrating that the material facts are undisputed and thus the defendant is entitled to summary judgment in his favor on the fraudulent transfer claims or on his good faith for value defense.  The motion is, therefore, DENIED as set forth in the attached Memorandum Decision.

Friday, March 24, 2023