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a 0 O t u) <br /> II W <br /> O <br /> I —rN /^\ W <br /> W D W 1 Z W <br /> ¢ � R._o .� Uz <br /> Defendants contend that the conveyance was not a fraudulent OOU Q- <br /> 1 <br /> conveyance.They claim that in 2000,they made a loan of$100,000,and that the loan `�.( � E f}Z ni Uj Lez <br /> 2 constituted reasonably equivalent value for the conveyance.The loan was pw \ rn U <br /> documented as a loan from Defendants to Mr.Litchfiiield's son(Don K.Litchfield)and jn �l1 n o ', ' p <br /> the son's Wife,Karyn M.Litchfield.However,contemporaneous documents indicate t 1 r"Of '`WL CD w <br /> 3 the$100,000 was transferred directly to the Debtor for its use. " '- z p <br /> ry amr¢w <br /> 4 Additionally,Defendants claim the Debtor was not insolvent when it w <br /> conveyed the Real Property to Defendants in 2007 and that its remaining assets were o a <br /> 5 sufficient for its business operations.In support of this claim,they point to the fact that �1INO "o 0� O <br /> there are various appraisals prepared around the time of the conveyance that show ,•• <br /> 6 the Debtor to have been solvent at the time.These appraisals value the Debtor's , <br /> 7 interest in its remaining property(after the conveyance of the Real Property to <br /> Defendants)at somewhere between$8,240,000 and$10,250,000,far in excess of its <br /> 8 debts at the time. <br /> Following the conclusion of discovery in the Adversary Proceeding,the <br /> g parties entered into negotiations in an effort to resolve the Adversary Proceeding. <br /> Through the negotiations,the parties reached an agreement under which Defendants <br /> 10 agreed to pay the estate$12,000 in exchange for a dismissal of the Adversary <br /> Proceeding with prejudice.The parties will mutually release each other. <br /> 11 Dated:November 9,2010 THE SUNTAG LAW FIRM <br /> 12 A Professional Corporation <br /> 13 <br /> By:/s/Dane A. Suu'ea N <br /> 14 DANA A.SUNTAG w o <br /> Attorneys for Chapter 7 Trustee, <br /> 15 FREDERICK VASKE16 <br /> 4, <br /> m R m <br /> 17 <br /> N �o <br /> V W Y <br /> 18 o N S <br /> O 6 tV Vl <br /> 19 <br /> 20 <br /> 21 <br /> 22 <br /> 23 <br /> 24 IW6 ON <br /> 25 N <br /> U <br /> 26 N 4 <br /> 9wg2 <br /> 27 <br /> ca <br /> 28 r Q <br /> w U <br /> FAY 08 <br /> NOTICE OF COMPROMISE MOTION _ = Z <br /> 3 N ~ C4 <br /> N <br /> W rn <br />