Trustee Robert Altman Seeks Return of Vehicle From Debtor’s Daughter as an Alleged “Fraudulent Transfer”
January 3, 2022, Middle District of Florida – Trustee Robert Altman for the bankruptcy estate of Debtor Myrtus Lorrian Wright brings a lawsuit against Debtor’s daughter, Christina Ames, to avoid and recover the alleged transfer of a vehicle, 2015 Kia Soul, pursuant to 11 U.S.C. §§ 544, 548, and 550 of the Bankruptcy Code and §§ 726.105, 726.106, 726.108, and 726.109, Florida Statutes.
Altman alleges in his complaint that Wright testified under penalty of perjury during a 341 meeting that before filing bankruptcy, she transferred a 2015 Kia Soul to her daughter. Altman also points to the records of the Florida Department of Motor Vehicles allegedly evidencing the vehicle transfer. Specifically, Altman alleges that since Ames “did not provide any consideration” to Wright “in exchange for the vehicle transfer” and as of the date of the alleged transfer, the Debtor was allegedly insolvent, the vehicle transfer must be avoidable as “constructively fraudulent.”
Accordingly, Altman requests the Court to enter a final judgment in his favor and against Ames, avoiding the alleged vehicle transfer or allowing the Trustee to recover the value of the property transferred.
In re Myrtis Lorrian Wright, Case 3:22-ap-00001-JAF