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• <br />Case 1:05 -cv- 01738 -RPM -CBS Document 1 -1 Filed 09/07/2005 Page 6 of 7 <br />Cause of Action <br />26. The Tatums' conveyance of the subject property constitutes a fraudulent transfer <br />within the meaning of CRS § 38 -2 -105 because the transfer was made with actual intent to hinder, <br />delay, or defraud MLO. <br />27. Alternatively, the Tatums' conveyance of the subject property constitutes a fraudulent <br />transfer within the meaning of CRS § 38 -2 -105 because (a) the Tatums did not receive a reasonably <br />equivalent value in exchange for the subject property and (b) each of the Tatums believed or <br />reasonably should have believed that he or she would incur debts beyond the ability of each to pay as <br />they became due. <br />28. Alternatively, the Tatums' conveyance of the subject property constitutes afraudulent <br />• transfer within the meaning of CRS § 38- 2- 106(1) because the transfer was made without receiving a <br />reasonably equivalent value in exchange for the transfer and each of the Tatums was insolvent at the <br />time of the transfer or became insolvent as a result of the transfer. <br />Relief Requested <br />29. Pursuant to CRS § 38 -2 -108, MLO requests the following relief: <br />1. A judgment avoiding the transfer of the subject property to Solitario <br />Purgatory, L.L.C.; and/or <br />2. An injunction against the further disposition of the subject property to <br />entities controlled by either of the Tatums; and /or <br />3. An order permitting MLO to levy execution on the subject property; <br />and <br />4. An award of costs and reasonable attorney's fees. <br />is —6— <br />