Order after trial on Trustee’s complaint seeking to avoid transfers pursuant to 11 U.S.C. § 544 and the Uniform Fraudulent Transfer Act (“UFTA”) as enacted at O.C.G.A. § 18-2-70 et. seq. The Trustee also asked the Court to determine whether principals of the Debtor were “alter egos” of the Debtor and therefore liable for all claims against the Debtor. The Court held the Defendants liable in varying amounts. The opinion analyzes liability under the UFTA, including insolvency and insiders. The opinion also traces funds to the immediate and mediate transferees to determine liability under 11 U.S.C. § 550. Lastly, the Order examines Georgia law on alter ego liability.
File:
Date:
11/13/2013