In Re Patricia G. CAREY, Debtor. MARINE MIDLAND BUSINESS LOANS, INC., Appellant, v. Patricia G. CAREY, Appellee

How courts have described this case

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

• holding that transfers to family members under circumstances that are prejudicial to creditors can constitute indicia of fraud
• holding that the desire to convert non-exempt assets to exempt status is, by itself, insufficient to support inference of fraud
• observing that “[c]ourts . . . consider the monetary value of the assets converted in determining whether the debtor acted with fraudulent intent”
• listing similar indicia of fraud from which a debtor’s fraudulent intent may be inferred
• inquiry into fraudulent intent is “peculiarly fact specific, and the activity in each situation must be viewed individually”
• “To deny a discharge under § 727(a)(2), a court must find actual intent . . . .”

Source: CourtListener parenthetical corpus (CC0).