HomeMy WebLinkAbout2946UNITED STATES BANKRUPTCY COURT
SOUTHSRN DISTRICT OF FLORIDA
In the Matter of:
RICHARD FLANZBAUM,
;
Debtor.
HERBERT S. FREEHLING, Trustee,
Plaintiff,
vs.
RICHARD FLAN2BAUM, both indi-
vidually and as Trustee, et
al. ,
Defendants.
CASE NO. 80-00920-BKC-SMW
ADV. PROCEEDING NO. 80-0396-BKC-SMW-A
FINDINGS OF FACT AND CONCLUSIONS OF LAW
THIS CAUSE coming on to be heard upon an adversary proceeding
pursuant to Part VII of the Interim Bankruptcy Rules and 11 U.S.C.
§544(b) for avoidance of transfers of property of the Debtor and
recovery thereof, filed herein by the Plaintiff, HERBERT S. FREEHLING,
as Trustee in Bankruptcy, against the Debtor, RICHARD FLANZBAUM,
MICAAEL DAVID FLANZBAUM, BARBARA C. ASH and RELIABLE BUILDERS, INC., a
Florida oorporation, and the Court, having heard the testimony and
examined the evidence presented; observed the candor and demeanor
of the witnesses; considered the arguments of counsel; and, being
otherwise fully advised in the premises, does hereby make the following
Findings of Fact and Conclusions of Law:
On or about July 21, 1978, RICHARD FLANZBAUM utilized certain
of his assets for the purchase of Lot 29, Block 32 of RIVER PARK,
UNIT NO. 4, a subdivision, accordinq to the Plat thereof, recorded in
Plat Book 11, Page 9, of the Public Records of St. Lucie County,
Florida, and caused said property, known as the "Naranja" property, to
be placed in trust for his son, MICHAEL DAVID FLANZBAUM, pursuant to a
Trust Agreement dated July 21, 1978, and admitted into evidence in
thir proceeding.
Defendants have admitted through their Answer that "at all
` times material hereto, there have~been one or more creditora of the
~
~ Debtor herein, holding unsecuYed,claims allowable under Section 502
~
of Title 11 of the U.S. Code." This would necessarily include the
date of transfer of the property into the Truat as well as all subsequent ;
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