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Question re marital settlement agreement, alimony, statute of limitations, and fraudulent transfers [2 Attachments]
Holly:
1. You haven't said why the transfer was fraudulent. The mere fact of
an MSA does not make it fraudulent. Was it an unequal division? Was the
value of an asset inflated to make it appear to be an equal division
(Mejia)? Was there an equal division but the non-debtor spouse received
non-exempt property while the debtor spouse received exempt property
(Beverly)?
2. Number one has to be answered first.
3. Why would alimony payments be preference? If they paid if they came
due, they are not for an antecedent debt. Even some back support was paid,
the debt is for the top priority claim, a DSO, so why would the trustee go
after it?
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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