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Bankruptcy Keyed to Epstein 6th Ed.
Village of San Jose v. McWilliams
Citation:
284 F.3d 785 (2002)Facts
The Village of San Jose condemned a two-story brick building owned by Daniel and Ida McWilliams after determining it was structurally unsound. When the McWilliamses failed to repair or demolish the building, the Village obtained a court order to demolish it and place a lien on the property for the costs. Shortly thereafter, in September 1999, the McWilliamses transferred several properties to their four grandchildren for “One ($1.00) Dollar and Love” by quitclaim deed. The deeds were recorded but not physically delivered to the grandchildren. In February 2000, the Village filed a motion to set aside these transfers as fraudulent. The McWilliamses then filed for Chapter 7 bankruptcy in March 2000. At the creditors’ meeting in April, they initially denied recent transfers but then acknowledged them when specifically questioned. In May 2000, after the Village objected to discharge, the grandchildren reconveyed the properties back to the McWilliamses.
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