United States First Circuit

Although the debtor's 1992 conveyance of the Middletown property to his son was not fraudulent under the Uniform Fraudulent Conveyances Act, under Rhode Island Law the debtor retained the equitable interest in the property. When Fleet Bank received its deficiency judgment in 1993, it acquired a valid lien on that equitable interest that survived the debtor's 1994 bankruptcy discharge. Reversed and remanded with directions to award judgment to appellant bank.

Appellate Information

• Decided 03/02/2004
• Published 03/02/2004

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER,Senior U.S. District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas S. Hemmendinger, with whom Brennan, Recupero, Cascione, Scungio & McAllister, LLP was on the brief, for Appellant.


• For Appellees:
  
• Louis A. Geremia, with whom Lisa A. Geremia, and Geremia & DeMarco, Ltd. were on the brief, for Appellee.