United States Eleventh Circuit

A bankruptcy court order denying in part motion for summary judgment is affirmed over trustee's claims that: 1) where the bankruptcy court has found a fraudulent transfer avoidable under 11 U.S.C. section 548, neither 11 U.S.C. section 550(d) nor Fla. Stat. section 726.109(3) provide for the adjustment of the amount of recovery based on pre-petition repayments to the debtors or the debtors' creditors where there has been a finding of actual fraud; 2) the transferee must have accepted the funds in good faith in order to benefit from such an equitable adjustment; and 3) pre-petition repayments to the debtor do not legitimize fraudulent transfers.

Appellate Information

• Decided 02/29/2008
• Published 02/29/2008

Judges

• PER CURIAM:, Before TJOFLAT, PRYOR and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael Richard Bakst, Elk, Christu & Bakst, West Palm Beach, FL, pro se., Brian K. McMahon, Brian K. McMahon, P.A., Deerfield Beach, FL, for Wetzel.