IN RE DAVIS

Bankruptcy No. 092-72048-21, Adv. No. 092-7152-21.

148 B.R. 165 (1992)

In re Benjamin and Naomi DAVIS, Debtors. Benjamin and Naomi DAVIS, Plaintiffs, v. Phyllis SUDEROV, Defendant.

United States Bankruptcy Court, E.D. New York.

November 18, 1992.


Attorney(s) appearing for the Case

Bennett & O'Shea by James O'Shea, Southampton, NY, for debtors/plaintiffs.

Heller & Rosenberg by Craig Heller, Huntington, NY, for defendant.


OPINION

CECELIA H. GOETZ, Bankruptcy Judge:

Benjamin and Naomi Davis, the Debtors in this voluntary Chapter 13 proceeding, are suing to avoid, as a fraudulent conveyance a sale to the defendant of their marital residence followed by a leaseback of the house to their daughter. Phyllis Suderov, the defendant, acted as her husband's accessory in tricking the Davises into entering into an unconscionable transaction.

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