Silagy v. Gagnon (In Re Gabor)

How courts have described this case

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

• reducing the value of a home to its “actual value” because of latent defects later discovered
• finding fraudulent intent where the debtor made the transfer in the face of actual or threatened litigation against the debtor; while insolvent; without fair consideration for the transfer; and where the transferee was in a special relationship to the debtor
• “Trustee bears the initial burden of proof, by preponderance of the evidence, on her fraudulent transfer claim.”
• “Trustee bears the initial burden of proof, by preponderance of the evidence, on her fraudulent transfer claim.”
• trustee must meet preponderance of the evidence standard in actual fraudulent transfer action
• “Badges of fraud can raise presumptions of actual fraudulent intent, and the presumptions can establish a prima facie case and shift burden to debtor to establish the absence of fraudulent intent.”

Source: CourtListener parenthetical corpus (CC0).