In re Stewart (04-30528)

The debtor transferred three parcels of real property to a trust he had established for his wife. The debtor's sons were co-trustees. The creditor contended the transfers were fraudulent and sought civil damages under state RICO from the debtor's wife and sons. The Court held the state RICO action was not property of the bankruptcy estate and that the action against the debtor's wife and sons was not subject to the automatic stay of the bankruptcy code.

Thursday, March 31, 2005