In re: John Wayne Mocadlo v. Raymond J. Bastarache and Wavecrest Investment Properties, LLC

CourtUnited States Bankruptcy Court, D. Connecticut
DecidedFebruary 20, 2026
Docket23-02016
StatusUnknown

This text of In re: John Wayne Mocadlo v. Raymond J. Bastarache and Wavecrest Investment Properties, LLC (In re: John Wayne Mocadlo v. Raymond J. Bastarache and Wavecrest Investment Properties, LLC) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re: John Wayne Mocadlo v. Raymond J. Bastarache and Wavecrest Investment Properties, LLC, (Conn. 2026).

Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT HARTFORD DIVISION

In re: Chapter 7

John Wayne Mocadlo, Case No. 21-20971 (JJT)

Debtor.

Bonnie C. Mangan, Chapter 7 Trustee, Adv. Pro. No. 23-02016 (JJT)

Plaintiff, Re: ECF Nos. 1, 16

v.

Raymond J. Bastarache and Wavecrest Investment Properties, LLC,

Defendants.

MEMORANDUM OF DECISION POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW

Appearances

Joanna M. Kornafel, Esq. Robert M. Fleischer, Esq. Green & Sklarz LLC One Audubon Street, 3rd Floor New Haven, CT 06511 Attorneys for Plaintiff

Thomas J. Sansone, Esq. Carmody Torrance Sandak & Hennessey LLP 195 Church Street, P.O. Box 1950 New Haven, CT 06509-1950 Attorney for Defendants This Adversary Proceeding was brought by Plaintiff Bonnie C. Mangan, Chapter 7 Trustee (Trustee) of the bankruptcy estate of John Wayne Mocadlo (Debtor), on October 20, 2023 (Complaint, ECF No. 1), and seeks the avoidance of a

transfer of property made by the Debtor to Defendant Raymond J. Bastarache and then to Defendant Wavecrest Investment Properties, LLC. After multiple stipulated extensions, the Defendants answered the Complaint on March 21, 2024 (Answer, ECF No. 16). The Court held a trial on the Complaint on October 28 and 29, 2025.1 After trial, the parties submitted post-trial briefs (ECF Nos. 69, 70) and replies (ECF Nos. 71, 72). The Court then took the matter under advisement. For the

following reasons, the Court finds that the transfer to Bastarache was constructively fraudulent and that he and Wavecrest (as a subsequent transferee) are jointly and severally liable for the sum of $140,732.96 plus interest.2 1. Findings of Fact3 The Court finds the following facts by clear and convincing evidence.4 The Debtor was a prior owner of property located at 27 Turnberry Road, Wallingford, CT 06492 (Property), which he purchased on August 14, 2019, for

$610,000. P. Ex. 29. To finance the purchase, the Debtor borrowed $580,000, which

1 The transcripts of the trial are available at ECF Nos. 61 (October 28, 2025) (Tr. 1) and 62 (October 29, 2025) (Tr. 2). 2 The Trustee withdrew Counts One and Three of the Complaint alleging an actual intent fraudulent transfer under the Bankruptcy Code and state law, Tr. 1 3:16–19; ECF No. 45, leaving only the constructive fraudulent transfer claims, Counts Two and Four, and the recovery claim, Count Five. 3 Any Findings of Fact that are properly Conclusions of Law are so held. 4 Although constructive fraudulent transfer claims under the Bankruptcy Code are subject to a preponderance of the evidence standard, Clinton Cnty. Treasurer v. Wolinsky (In re Martin), 511 B.R. 34, 38 (N.D.N.Y. 2014), constructive fraudulent transfer claims under the Connecticut Uniform Fraudulent Transfer Act (CUFTA) require clear and convincing evidence, Cockerham v. Westphalen, 225 Conn. App. 484, 498, 317 A.3d 166, 175 (2024). was secured by a first mortgage on the Property. Statement of Uncontested Facts (SUF, ECF No. 45) ¶ 12. After the Debtor had extensive renovations done on the Property, compare P. Ex. 9 with P. Ex. 10, he borrowed $325,000 from Bastarache

on February 6, 2020, through a promissory note (Note). SUF ¶ 1. The Note had an interest rate of 14.0% per annum and was secured by a second mortgage on the Property. SUF ¶ 1. As part of the transaction, the Debtor prepaid Bastarache six points for the Note in the amount of $19,500, which ultimately resulted in the Debtor receiving $302.683.22 in net proceeds. SUF ¶¶ 2, 3. Under the terms of the Note, the Debtor was to make monthly interest-only payments in the amount of

$3,791.67 until the loan was paid in full.5 SUF ¶ 4. The Debtor made such payments for April, May, June, and July 2020. SUF ¶ 5. Meanwhile, the Debtor listed the Property for sale in March 2020. Tr. 1 45:3– 5. Initially listed for $1,290,000, the Debtor dropped the price to $1,099,000 by the end of July 2020. Tr. 1 147:18–25; P. Ex. 8. Around the end of July, the Debtor informed Bastarache that he could not make the next required payment on the Note. Tr. 1 142:10–11. On August 11, 2020, Bastarache formed Wavecrest, which he

wholly owned and controlled. SUF ¶¶ 6–8. By mid-August 2020, Bastarache told the Debtor that he would take title to the Property for a stated consideration of $900,000.6 Tr. 1 149:2–11.

5 The Note required that payment in full be made on or before February 6, 2021. P. Ex. 6. It had no prepayment penalty. Id. 6 This stated amount ostensibly included satisfaction of both the Note and the first mortgage. Bastarache, however, did not provide the Debtor with a payoff amount for the Note, SUF ¶ 10, so this stated consideration was no more than an estimate. On August 31, 2020, the Debtor transferred the Property to Bastarache by quitclaim deed (Transfer). SUF ¶ 9. Bastarache paid no money for the Transfer, nor did he provide any payoff amount owed by the Debtor prior to the closing on August

31, 2020, but he did take the Property subject to a first mortgage. SUF ¶¶ 10, 12. Bastarache transferred the Property to Wavecrest for no recited consideration the following day. SUF ¶¶ 13, 14. Bastarache then completed the remaining renovation work and relisted the Property for sale on October 6, 2020, for $1,185,000. SUF ¶ 15. The Property subsequently went under contract shortly thereafter. SUF ¶ 16. A third-party buyer closed on the Property on December 14, 2020, paying the

$1,185,000 list price. SUF ¶ 15-2.7 After the Transfer, Bastarache paid off the first mortgage, which then totaled $555,257.51. SUF ¶ 12. As for the Note, the parties differ as to its value on the date of the Transfer. The Trustee argues that, because the six points the Debtor paid on the Note are not in writing, they should not be credited. The parties, however, stipulated to the six points having been paid, SUF ¶ 2, and the Court otherwise credits Bastarache’s testimony as to their existence. Tr. 1 139:7–9. Thus, the

beginning principal amount of $325,000 on February 6, 2020, results in a payoff amount of $332,583.34 as of the date of the Transfer.8 As part of the consideration given for the Transfer to be weighed in connection with its “reasonably equivalent value” analysis, the Court also credits

7 There are two different paragraph 15s in the SUF. This citation refers to the second instance. 8 The Trustee’s Exhibit 30A shows calculations of compound interest, but the payments themselves evidence that only simple interest was employed (i.e., ($325,000 x 14%)/12 = $3,791.67). Therefore, the payoff would have been the $325,000 principal plus two months of unpaid interest. the associated closing costs of $2,900 for Bastarache’s and the Debtor’s attorney fees.9 D. Ex. C. The Court, however, does not credit the $3,000 value for one month’s rent allegedly provided to the Debtor after the Transfer because such is not

reflected anywhere other than Bastarache’s after-the-fact self-serving testimony. Tr. 2 31:20–32:6. Thus, the total “reasonably equivalent value” provided to the Debtor for the Transfer is $890,740.85, which is the sum of the first mortgage payoff, the payoff amount on the Note, and the above-allowed attorney’s fees.10 As for the fair market value of the Property at the time of the Transfer, the Court begins its analysis by noting that most of the renovation work on the

Property was already complete prior to its conveyance to Bastarache, which the Defendants acknowledge. Intervening on this timeline was the beginning part of the COVID-19 pandemic. Bastarache credibly testified that, during the pandemic, the Debtor hosted at least one large party at the Property, which resulted in some damage to the Property that is not reflected in the exhibit photographs associated with the earlier listing during the Debtor’s ownership. Tr. 1 143:17–144:5.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Norwest Bank Worthington v. Ahlers
485 U.S. 197 (Supreme Court, 1988)
Stern v. Marshall
131 S. Ct. 2594 (Supreme Court, 2011)
BFP v. Resolution Trust Corporation
511 U.S. 531 (Supreme Court, 1994)
Gunsalus v. County of Ontario
37 F.4th 859 (Second Circuit, 2022)
Clinton County Treasurer v. Wolinsky
511 B.R. 34 (N.D. New York, 2014)
Kittay v. Korff (In re Palermo)
739 F.3d 99 (Second Circuit, 2014)
Cockerham v. Westphalen
225 Conn. App. 484 (Connecticut Appellate Court, 2024)
United States v. Miller
604 U.S. 518 (Supreme Court, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
In re: John Wayne Mocadlo v. Raymond J. Bastarache and Wavecrest Investment Properties, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-john-wayne-mocadlo-v-raymond-j-bastarache-and-wavecrest-investment-ctb-2026.