Fraudulent Transfer/Avoidance Actions - Case Update

In re Wettach of the Western District of Pennsylvania from 2013 involved the Chapter 7 trustee bringing an adversary action to avoid alleged fraufulent transfers of the debtor's income deposited into his entirieties bank account (one he had with his wife), thusly preventing his creditors from reaching those funds.  The Trustee objected to the state law exemptions to his pension fund.  The court ruled that the individual debtor's compensation into the entireties accounts may constitute a fraudulent transfer unless such deposits were subsequently spent on "necessities" (i.e. rent, utilities, food) for the marital unity.  

The court ruled that the defendant has the burden to show how the money was spent.  The court, upon examination, ruled that stock purchases were not necessities (no kidding!).  The person also had 7 cars, and the court allowed the debtor and his wife to keep 2 passenger cars and an SUV, but surrender the remaining 4 cars.  

The court further ruled that charitable contributions of 3% of their income were allowed, but not political contributions. The court further stated that they would look back 4 years to see how these funds were spent.  

As you can see, this was a tumultuous case and I don't know a Chester County bankruptcy lawyer who would have stretched the rules so far (and ultimately lose).