David v. Pham (In re Nguyen)

Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
11 years 9 months ago

Citation:

Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)

Tag(s):

Ruling:

A transfer by quit claim deed for no consideration of real property in which Debtor holds only bare legal title is not avoidable under § 548 since the conveyance was not a transfer of an interest of Debtor in property.

Procedural context:

Appeal from the Bankruptcy Court for the District of Kansas holding that the transfer of real property was not avoidable under § 548 since the Debtor held only bare legal title. Legal issues were reviewed de novo and factual issues were reviewed for clear error.

Facts:

Debtor’s mother and her husband purchased real property and shortly thereafter, conveyed it to Debtor, his sister and the husband by warranty deed as joint tenants with rights of survivorship. Debtor never saw the property or benefited therefrom and held such interest for the benefit of his mother. About a year prior to filing bankruptcy, Debtor conveyed his interest to his sister by quitclaim deed for no consideration.

Judge(s):

Thurman, Cornish, Mosier

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