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· 3/2/2004

Fleet National Bank v. Valente (In Re Valente)

Citations

  • 360 F.3d 256
  • 2004 U.S. App. LEXIS 3979
  • 42 Bankr. Ct. Dec. (CRR) 199
  • 2004 WL 383367

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • imposing resulting trust where debtor transferred property to his son shortly before declaring bankruptcy and his son admitted that his father’s aim was “to scam somebody”
  • declining to apply statute of limitations because plaintiff had no concurrent remedy at law
  • finding under Rhode Island's version of the UFTA, property worth $150,000 but encumbered by a $168,000 first mortgage \did not qualify as an 'asset' ... at the time of the transfer\
  • imposing a resulting trust where debtor “continued to treat the property as his own by, inter alia, paying all of the bills, managing the lease and sale of the property, running a business on the premises, and not paying rent”
  • applying Rhode Island law and imposing resulting trust where debtor transferred legal title to his son shortly before filing bankruptcy, but with the understanding that the debtor would continue to live in the property and treat it as his own
  • no prejudice when complaint not filed under rules governing adversary proceeding when \proceedings provided [party] with more than adequate notice and an opportunity to be heard\

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Lipez, Schwarzer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.