Leo P. McKee as Trustee for Industrial Finance Corporation, Bankrupt v. Fred Ablon

Fifth Circuit

Leo P. McKee as Trustee for Industrial Finance Corporation, Bankrupt v. Fred Ablon

344 F.2d 956, 1965 U.S. App. LEXIS 5672

Court of Appeals for the Fifth Circuit·Decided May 6, 1965·No. 21988_1·Published

Opinion

PER CURIAM:

While on the record before us- it is evident that the appellant made out a case which would have warranted a finding in his favor on the issue of fraudulent conveyance under § 70, sub. e of the Bankruptcy Act, and on the issue of transfer without adequate consideration, these two issues were fact issues, and their resolution cannot be upset unless clearly erroneous. We cannot find that, on an issue depending so heavily on credibility and demeanor determinations, the findings were clearly erroneous.

The trial court did not err in dismissing the third count of the complaint.

The judgment is affirmed.

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PER CURIAM:

While on the record before us- it is evident that the appellant made out a case which would have warranted a finding in his favor on the issue of fraudulent conveyance under § 70, sub. e of the Bankruptcy Act, and on the issue of transfer without adequate consideration, these two issues were fact issues, and their resolution cannot be upset unless clearly erroneous. We cannot find that, on an issue depending so heavily on credibility and demeanor determinations, the findings were clearly erroneous.

The trial court did not err in dismissing the third count of the complaint.

The judgment is affirmed.

Leo P. McKee as Trustee for Industrial Finance Corporation, Bankrupt v. Fred Ablon, 344 F.2d 956, 1965 U.S. App. LEXIS 5672 (5th Cir. 1965).

Pincite

344 F.2d 956 (Leo P. McKee as Trustee for Industrial Finance Corporation, Bankrupt v. Fred Ablon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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