II. MKI’s transfers to MIKA
A. The $73,973.21 “loan”
MKI transferred $73,973.21 to MIKA, together with Kaplan events contend that MKI lent the funds to MIKA. Marvin concedes that MKI received no value from MIKA in substitution for the “loan.” (Tr. Trans. at 377-78) In the period of the transfer, MKI’s assets comprised counter-claims against areas and cross-claims up against the Smith events, have been the Kaplan events’ co-defendants action. (Tr. Trans. at 379) MKI won a judgment contrary to the Smith events for longer than $7 million bucks, but areas defeated MKI’s counterclaims.
Marvin cannot remember why MKI “loaned” almost $74,000 to MIKA but provides two opportunities: ” I’m certain MIKA had to purchase something” or “MIKA had expenses, we’d most likely a complete great deal of costs.” (Tr. Trans. at 377)
The legitimate testimony and one other evidence show that MKI’s judgment resistant to the Smith events is useless. Expected in a deposition about MKI’s assets in the right period of the transfer to MIKA, Marvin neglected to mention the claims (Tr. Trans. at 379-80), a startling oversight in view of Marvin’s contention that the worthiness for the judgment from the Smiths surpasses the worth for the paper by that your judgment ended up being printed. MKI neither experimented with enforce the judgment by execution and levy nor undertook to research the Smith events’ assets вЂ” barely the reaction anticipated from the judgment creditor possessing a plausible possibility for the payday.