Jean A. Stanko - Page 26

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          v. First Cadco Corp., 203 N.W.2d 770, 778-779 (Neb. 1973)                   
          (decided under Neb. Rev. Stat. sec. 36-401 (reissue 1943));                 
          Farmers State Bank v. Dierks, 289 N.W. 860, 866 (Neb. 1940)                 
          (decided under Neb. Rev. Stat. sec. 36-401 (reissue 1929)).                 
               Many of those badges of fraud are present here.  Stanko had            
          a significant amount of tax liabilities and pending claims                  
          against him when he transferred the note to petitioner.6  Three             
          days after Stanko's criminal conviction, Stanko Packing                     
          distributed substantially all of its remaining assets to Stanko,            
          leaving it insolvent.  Two days later, Stanko transferred the               
          Packerland note to petitioner for no consideration.  The transfer           
          was between husband and wife, and was made without consideration            
          and as part of a series of transfers that greatly reduced                   
          Stanko's estate.  The transfer was made just before the District            
          Court for Colorado imposed criminal penalties and while the Giove           
          lawsuit was pending against Stanko.                                         
               Stanko filed an affidavit in November 1985 stating that he             
          was insolvent.  We agree with petitioner that Stanko's affidavit            
          does not necessarily show that he was insolvent; however, it does           



               6 Stanko had the following claims pending against him when             
          he transferred the note to petitioner:  Fines relating to his               
          criminal conviction by the District Court for Colorado (later               
          adjudged to be $70,000); claims made in the Giove lawsuit (later            
          adjudged to be $824,650); Stanko Packing's 1984 tax liability               
          (later adjudged to be $1,324,964); and Stanko's 1984 and 1985 tax           
          liability (later adjudged to be $961,134).                                  




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