MATTER OF LOOMER

Bankruptcy No. BK93-40297, Adversary No. A94-4040.

222 B.R. 618 (1998)

In the Matter of Frank & Karen LOOMER, Debtors. Richard BUTLER, Plaintiff, v. Frank & Karen LOOMER, Defendants.

United States Bankruptcy Court. D. Nebraska.

June 5, 1998.


Attorney(s) appearing for the Case

Richard J. Butler, Chapter 7 Trustee, Lincoln, NE.

Howard T. Duncan, Omaha, NE, for Defendants.


MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

In this adversary proceeding, the Chapter 7 Standing Trustee asserts that pre-petition voluntary contributions and loan repayments made by the debtor, Frank Loomer, to his ERISA-qualified retirement plan are avoidable preferences and/or fraudulent conveyances. I conclude that there was no preferential transfer, but that the voluntary contributions constitute avoidable fraudulent conveyances. I previously...

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