From
http://yestodemocracy.com:I got my hands on some silly little case law file that MAY just MAY be connected to miss always victimized Darragh Murphy. It It goes a little something like this (full case file linked there):
JOSEPH BRAUNSTEIN, CHAPTER 7 TRUSTEE
FOR THE ESTATE OF ROWANOAK CORPORATION,
Appellant,
v.
ANN WALSH,
Appellee.
On January 8, 1999, Rowanoak filed a voluntary petition for Chapter 7 relief. During the course of the bankruptcy proceeding, the Trustee requested that Rowanoak turn over all of its books and records, as well as its canceled checks and bank statements. In response, Rowanoak turned over only canceled checks and bank statements. In reviewing these documents, the Trustee discovered that from March 5, 1997, through May 20, 1997, Rowanoak made six payments from its bank account to Murphy's mother, Ann Walsh. The checks totaled $63,344. (3)
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3. The six checks were as follows: (1) check number 1235 dated March 5 for $12,000; (2) check number 1237 dated March 6 for $14,000; (3) check number 1282 dated March 21 for $10,000; (4) check number 1306 dated April 7 for $18,244; (5) check number 1308 dated April 7 for $4,100; and (6) check number 1371 dated May 20 for $5,000.
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Having affirmed the bankruptcy court on all issues pertaining to its finding Rowanoak's transfers to Walsh were fraudulent under Mass. Gen. Laws ch. 109A, � 5, we need not discuss the bankruptcy court's finding that Rowanoak's transfers to Walsh also were fraudulent under � 6(a). (7) For the reasons stated, we conclude the district court erred in reversing the bankruptcy court. Accordingly, the judgment of the district court is REVERSED.
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7.In reversing the bankruptcy court, the district court appeared to confuse the elements of claims under these two sections. The district court incorrectly identified the bankruptcy court's finding that the payments to Walsh rendered Rowanoak insolvent as an element of a � 5 claim. But this finding goes to the Trustee's claim under � 6(a). See Mass. Gen. Laws ch. 109a, � 6 (transfer is fraudulent under � 6(a) "if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and . . . the debtor became insolvent as a result of the transfer or obligation."). Even if the bankruptcy court's finding that Rowanoak's payments to Walsh rendered Rowanoak insolvent was clearly erroneous, Walsh still must reimburse the payments as fraudulent transfers under � 5.
SPREAD THE WORD.. what credibility does Darragh Murphy have?? She has taken money from her previous business and now she is accepting donations on her website in which NOTHING has materialized from.
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