Michaelson

Anderson ex rel. Painters District Council No. 30 Pension Fund v. Michaelson

Good Law
127 F. App'x 253
United States Court of Appeals for the Ninth CircuitMarch 25, 2005No. 03-15979California1,728 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-Appellant Charles E. Anderson (“Anderson”), as Trustee of Painters District Council No. 30 Pension Fund (“Pension Fund”) and as Secretary Treasurer of Painters District Council No. 30 (“Union”), appeals from the district court’s order finding that only three of nine challenged transfers of assets to Defendant-Appellee Celeste Michaelson violated the Arizona’s Uniform Fraudulent Transfer Act, § 44-1004(A)(1), and entering judgment against Celeste Michaelson in the amount of $97,922.24.

Before commencement of this action, Anderson and the Union and Pension Fund had brought an adversary complaint in bankruptcy proceedings against Celeste Michaelson’s ex-husband, Kevin Michael-son, alleging that Kevin Michaelson defrauded the Union and Pension Fund in violation of the bankruptcy code. In 1998, the Union and Pension Fund obtained a judgment in the amount of $269,674.51 against Kevin Michaelson.

Unable to collect on the judgment against Kevin Michaelson, Appellant Anderson, the Pension Fund’s trustee and the Union’s Secretary Treasurer, brought this action against Celeste Michaelson, alleging that nine categories or individual transfers of assets from Kevin…

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