- 17 - assets (balance sheet insolvency). The record is adequate for us to find that, on the transfer date, Steven had substantial liabilities.7 Respondent has failed to propose any finding of fact with respect to the fair value of Steven’s assets. On brief, respondent asks us conclude that Steven was insolvent on the transfer date because, on that date: “Steven W. Van Aernam’s income stream had dwindled to a trickle or had ceased altogether, since he had been convicted on two federal crimes and was about to be sentenced to a prison term.” Respondent states: “Respondent has been unable to locate assets in Steven W. Van Aernam’s name whose value approaches his income tax liabilities”. Petitioner credibly testified that Steven had assets on the transfer date and afterwards: “[H]e had plenty of tools and equipment, money to give his divorce lawyer, money to give his lawyer at that time and then afterwards, even after he went into jail-–that he gave money to have his appeal made, so I believe that he definitely has money out there.” Respondent has failed to carry his burden of proving Steven’s balance sheet insolvency. Respondent’s statement on brief that he has been unable to locate assets in Steven’s name, unsupported by any testimony or other evidence concerning his search, carries no weight. Respondent’s claim that Steven’s income may have slowed to a trickle or stopped is also of no 7 Respondent claims that Steven owed approximately $364,000 to the State of Florida and the Internal Revenue Service.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011