Jenner
Jenner v. Neilson
Opinion
Lead Opinion
MEMORANDUM **
Catherine Jenner appeals pro se from the district court’s order affirming the bankruptcy court’s summary judgment in favor of R. Todd Neilson, Trustee of the bankruptcy estate of Reed E. Slatkin. The Trustee filed an action to set aside and recover fraudulent transfers made by Slatkin to Jenner during the course of a Ponzi scheme. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo the bankruptcy court’s conclusions of law, and for clear error the bankruptcy court’s factual findings. Latman v. Burdette, 366 F.3d 774, 781 (9th Cir.2004). We affirm.
The bankruptcy court did not err when it concluded that the Trustee had standing to avoid the fraudulent transfers to Jenner. The Trustee was standing in the shoes of a creditor and California’s *547 Uniform Fraudulent Transfer Act permits present and future creditors to challenge a fraudulent transfer. See Mejia v. Reed, 31 Cal.4th 657 , 3 Cal.Rptr.3d 390 , 74 P.3d 166, 170 (2003) (holding that under Cal. Civ. Code § 3439.04 (a), a transfer can be fraudulent “both as to present and future creditors”).
The bankruptcy court did not err when it avoided the four-year fraudulent transfers because Cal. Civ.Code…