Dixie Van Aernam - Page 17




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          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.                   




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