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HULLETT v. COUSIN

No. CV-01-0407-PR.

63 P.3d 1029 (2003)

204 Ariz. 292

Wayne HULLETT, individually and as Trustee of WEH Trust U/A, Plaintiff-Appellant, v. Mr. and Mrs. George COUSIN, as Trustees for Cousin Corporation Pension Plan and Trust, CPI of Florida Profit Sharing Plan, Numo Investment Company, Robert W. Fremont, Dr. Jerome Theis, as Trustee for Tri-County Clinic, Inc., Profit Sharing Plan, Anthony Barbera, as Trustee for BC and L Pension Plan, Richard N. Gold, as Trustee for R.N. Gold and Company, Inc., Pension, Professional Financial Management, Commercial Bank Texas, as Custodian for Eloise Payne IRA Account, Dr. Leo Herber, Raymond James and Associates, as Custodian for Robert L. Thompson IRA Account, Robert J. and Martine M. Gregory, as Trustees for the Gregory Family Trust, Resources Trust Company, as Trustees of Robert W. Fremont IRA, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

February 24, 2003.

Attorney(s) appearing for the Case

Warnicke & Littler, P.L.C., by Ronald E. Warnicke, Robert C. Warnicke, Blake D. Gunn, Phoenix, Attorneys for Plaintiff-Appellant.

Broening Oberg Woods Wilson & Cass, P.C., by Lori B. Kirsch-Goodwin, Donald Wilson, Jr., Cynthia Y. Kirkland, Phoenix, Attorneys for Defendants-Appellees Cousin Corporation Pension Plan & Trust, Resources Trust Company, as Trustees for Robert W. Fremont IRA, CPI of Florida Profit Sharing Plan, Estate of Eloise Payne and Dr. Leo Herber.

OPINION

RYAN, Justice.

¶ 1 Under Arizona's Uniform Fraudulent Transfer Act ("UFTA"), a transfer "is fraudulent as to a creditor whose claim arose before the transfer" if, as a result of the transfer, the debtor becomes insolvent and the transfer was not made in exchange for "reasonably equivalent value." Ariz.Rev. Stat. ("A.R.S.") § 44-1005 (1994). The central issue in this case is whether an unknown,...

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