- 43 - e. Transfer of Substantially All Assets Mrs. Pert filed a bankruptcy petition in December 1993. Petitioners concede that she had no assets at that time. There is no persuasive evidence in the record that she did anything with the assets other than give them to Mr. Pert. Mr. Pert said that Mrs. Pert spent the funds, but he also said that he did not know what she did with them. We conclude that both Mr. Riffe's estate and Mrs. Pert transferred substantially all of their assets. f. Whether the Debtor Absconded There is no evidence that Mr. Riffe's estate or Mrs. Pert absconded. This badge does not help respondent. g. Concealed Assets There is no record of what Mr. and Mrs. Pert did with the cash they withdrew from banks. This badge does not help respondent. h. Consideration Mr. Pert paid no consideration for the assets he received from Mrs. Pert. i. Insolvency Mr. Riffe's estate was insolvent when it distributed all of its assets to Mrs. Pert. Mrs. Pert was insolvent in December 1993 when she filed her petition in bankruptcy. Elliott testified that Mrs. Pert's tax attorney told him in SeptemberPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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