In Re Bargfrede, 117 F.3d 1078 (8th Cir. 1997). · Go Syfert
In Re Bargfrede, 117 F.3d 1078 (8th Cir. 1997). Cases Citing This Book View Copy Cite
“iowa's uniform fraudulent transfer act does not apply to this matter, as the act, which was effective january 1, 1995, is not retroactive”
74 citation events (61 in the last 25 years) across 27 distinct courts.
Strongest positive: First Federal Savings & Loan Ass'n of Galion v. Napoleon (mass, 1998-11-10)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (quoted) First Federal Savings & Loan Ass'n of Galion v. Napoleon
Mass. · 1998 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
iowa's uniform fraudulent transfer act does not apply to this matter, as the act, which was effective january 1, 1995, is not retroactive
discussed Cited as authority (rule) Reinbold v. Menard, Inc.
Bankr. C.D. Ill. · 2025 · signal: cf. · confidence medium
Menard did not give Ian any value in exchange for his $100—he was not obligated to pay John’s debt—so the trustee may recover from Menard. §550(a)(1); cf. In re Bargfrede, 117 F.3d 1078, 1080 (8th Cir. 1997).
discussed Cited as authority (rule) Kaler v. Hebert (2×)
Bankr. D.N.D. · 2022 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir. 1997) (citations omitted).
cited Cited as authority (rule) Allred v. Nelson
Bankr. D.S.D. · 2020 · confidence medium
Edward's Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir. 1997) (citations omitted).
cited Cited as authority (rule) Think Retail Solutions, LLC - Adversary Proceeding
Bankr. N.D. Ga. · 2019 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir. 1997).
discussed Cited as authority (rule) Doeling v. O'Neill (In re O'Neill) (2×) also: Cited "see"
Bankr. D.N.D. · 2016 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997) (citations omitted).
discussed Cited as authority (rule) Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf Channel (2×)
Tex. · 2016 · confidence medium
See, e.g., Tavenner, 257 F.3d at 408-09; Zahra Spiritual Trust, 910 F.2d at 249; In re Bargfrede, 117 F.3d at 1080; In re Treadwell, 699 F.2d at 1051 ; In re Guerrera, 225 B.R. at 36 ; Mann, 920 F.Supp. at 954 ; McPherson Oil, 643 So.2d at 596-97 . 117 .
discussed Cited as authority (rule) Stephanie Dittmaier v. David Sosne
8th Cir. · 2015 · confidence medium
As the Missouri Supreme Court has not interpreted the application of section 513.430.1(10)(a), “we must attempt to predict what [the Missouri Supreme Court] would decide if faced with the issue.” In re Bargfrede, 117 F.3d 1078, 1080 (8th Cir.1997) (per curiam).
cited Cited as authority (rule) Dillard v. Schlussel
Mich. Ct. App. · 2014 · confidence medium
In re Bargfrede, 117 F3d 1078, 1080 (CA 8, 1997).
cited Cited as authority (rule) Cohen v. Sikirica
W.D. Pa. · 2013 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997) (per curiam).
discussed Cited as authority (rule) Angell v. Endcom, Inc. (In re Tanglewood Farms, Inc.)
Bankr. E.D.N.C. · 2013 · confidence medium
Edwards Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997) (per curium) (concluding that the debtor did not receive reasonably equivalent value in diverting his pension funds to satisfy a civil judgment against his wife); Leonard v. Norman Vinitsky Residuary Tr.
discussed Cited as authority (rule) Stoebner v. Ritchie Capital Management, L.L.C. (In re Polaroid Corp.)
Bankr. D. Minn. · 2012 · signal: cf. · confidence medium
Cf. In re Bargfrede, 117 F.3d 1078, 1080 (8th Cir.1997) ("indirect, noneconomic benefit” to debtor from transferring asset to satisfy debt of his spouse, in "form of a release of a possible burden on the marital relationship and the preservation of the family relationship,” analogized to "intangible, psychological benefit” that was not reasonably equivalent to value of property transferred, for constructive-fraud analysis).
discussed Cited as authority (rule) Gold v. Marquette University (In Re Leonard) (2×)
Bankr. E.D. Mich. · 2011 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1079 (8th Cir.1997), a husband used his assets to help pay his wife’s judgment debt to her church for embezzlement.
discussed Cited as authority (rule) SEC v. Resrc Devel Intl LLC
5th Cir. · 2007 · confidence medium
Minn. 1999) (“A payment made solely for the benefit of a third party, such as a payment to satisfy a third party’s debt, does not furnish reasonably-equivalent value to the debtor.”) (citing In re Bargfrede, 117 F.3d 1078, 1080 (8th Cir. 1997)).
discussed Cited as authority (rule) Sullivan v. Schultz (In Re Schultz)
Bankr. D. Minn. · 2007 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997) (receipt of an indirect, non-economic, intangible, psychological benefit was not sufficient to constitute reasonable equivalent value).
discussed Cited as authority (rule) Pereira v. Wells Fargo Bank, N.A. (In Re Gonzalez)
Bankr. S.D.N.Y. · 2006 · confidence medium
Edwards Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997) (release of burden on family member); In re Guerrera, 225 B.R. 32, 36 (Bankr.D.Conn.1998) (payment of sister’s credit card bill).
cited Cited as authority (rule) Unencumbered Assets Trust v. Biomar Technologies, Inc. (In Re National Century Financial Enterprises, Inc.)
Bankr. S.D. Ohio · 2006 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1079-80 (8th Cir.1997) (debtor’s transfer to church to pay debt of embezzling wife avoidable).
discussed Cited as authority (rule) Meeks v. Don Howard Charitable Remainder Trust (In Re Southern Health Care of Arkansas, Inc.)
8th Cir. BAP · 2004 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997) (holding that the receipt of an indirect, non-economic, intangible, psychologi *320 cal benefit was not sufficient to constitute reasonable equivalent value).
discussed Cited as authority (rule) William S. Meeks v. Don Howard Trust
8th Cir. BAP · 2004 · confidence medium
Edward's Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir. 1997) (holding that the receipt of an indirect, non-economic, intangible, psychological benefit was not sufficient to constitute reasonable equivalent value).
cited Cited as authority (rule) Ingalls v. Erlewine (In Re Erlewine)
5th Cir. · 2003 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997) (per curiam)).
discussed Cited as authority (rule) Dowden v. First Security Bank (In Re Mid-South Auto Brokers, Inc.)
Bankr. E.D. Ark. · 2003 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997) (citing Leonard v. Norman Vinitsky Residuary Trust (In re Jolly’s, Inc.), 188 B.R. 832, 842 (Bankr.D.Minn.1995)); Biggs v. United States Nat’l Bank, 11 B.R. 524, 527 (D.Neb.1980)); Daly v. Zofia Deptula (In re Carrozzella & Richardson), 286 B.R. 480, 486 (D.Conn.2002).
discussed Cited as authority (rule) Robert A. Pummill v. Greensfelder, Hemker (2×)
8th Cir. BAP · 2001 · confidence medium
Edwards Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir. 1997).
examined Cited as authority (rule) Pummill v. Greensfelder, Hemker & Gale (In Re Richards & Conover Steel, Co.) (3×) also: Cited "see"
8th Cir. BAP · 2001 · confidence medium
Edwards Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997).
discussed Cited as authority (rule) Leonard v. Mylex Corp. (In Re Northgate Computer Systems, Inc.) (2×)
Bankr. D. Minn. · 1999 · confidence medium
In re Craig, 144 F.3d at 590; In re Bargfrede, 117 F.3d at 1080-1081.
cited Cited as authority (rule) Leonard v. Mountainwest Financial Corp. (In Re Whaley)
Bankr. D. Minn. · 1999 · confidence medium
In re Bargfrede, 117 F.3d at 1080.
discussed Cited as authority (rule) Coan v. Fleet Credit Card Services, Inc. (In Re Guerrera) (2×) also: Cited "see, e.g."
Bankr. D. Conn. · 1998 · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997).
discussed Cited as authority (rule) Warfield v. Fidelity & Depos
unknown court · confidence medium
Edward’s Catholic Church (In re Bargfrede), 117 F.3d 1078, 1080 (8th Cir.1997) (per curiam) (interpreting same phrase in bankruptcy code, 11 U.S.C. § 548 (a)); see also Leibowitz v. Parkway Bank & Trust Co., (In re Image Worldwide, Ltd.), 139 F.3d 574, 577 (7th Cir.1998) (UFTA took phrase “reasonably equivalent value” from 11 U.S.C. § 548 (a)(2)); Viscount Air Svcs, Inc. v. Cole (In re Viscount Air Sews., Inc.), 232 B.R. 416, 434 (Bankr.D.Ariz.1998) (states that have adopted the UFTA interpret it similarly to 11 U.S.C. § 548 ).
cited Cited "see" Walters v. Bank of the West (In Re Walters)
8th Cir. · 2012 · signal: accord · confidence high
See Elliott v. Till, 219 Iowa 649 , 259 N.W. 460, 463 (1935) (proceeds invested in a new homestead “are exempt from execution”); accord In re Bargfrede, 117 F.3d 1078 , 1081 (8th Cir.1997).
cited Cited "see" Walters v. Bank of the West
8th Cir. · 2012 · signal: accord · confidence high
See Elliott v. Till, 219 Iowa 649 , 259 N.W. 460, 463 (1935) (proceeds invested in a new homestead “are exempt from execution”); accord In re Bargfrede, 117 F.3d 1078, 1081 (8th Cir. 1997).
discussed Cited "see" In Re Polaroid Corp.
Bankr. D. Minn. · 2010 · signal: see · confidence high
See In re Bargfrede, 117 F.3d 1078 , 1080 (8th Cir.1997) (under 11 U.S.C. § 548 (a)(2), transfers made solely for benefit of third party do not furnish reasonably equivalent value to debtor-transferor; courts should be skeptical in weighing assertions of indirect, non-economic benefit to debtor allegedly resulting from third-party's receipt). 8 .
discussed Cited "see" Securities & Exchange Commission v. Resource Development International, LLC
5th Cir. · 2007 · signal: see · confidence high
See In re Whaley, 229 B.R. 767, 775 (Bankr.Minn.1999) (“A payment made sole ly for the benefit of a third party, such as a payment to satisfy a third party’s debt, does not furnish reasonably-equivalent value to the debtor.”) (citing In re Bargfrede, 117 F.3d 1078 , 1080 (8th Cir.1997)).
discussed Cited "see" Securities And Exchange Commission v. Resource Development International, Llc
5th Cir. · 2007 · signal: see · confidence high
See In re Whaley, 229 B.R. 767, 775 (Bankr.Minn.1999) ("A payment made solely for the benefit of a third party, such as a payment to satisfy a third party's debt, does not furnish reasonably-equivalent value to the debtor.") (citing In re Bargfrede, 117 F.3d 1078 , 1080 (8th Cir.1997)). 20 The record therefore supports the finding that the $60,000 transfer from IERC to M&M was fraudulent under both §§ 24.005(a)(1) and 24.005(a)(2).
discussed Cited "see, e.g." Smith v. AMERICAN FOUNDERS FINANCIAL, CORP.
S.D. Tex. · 2007 · signal: see, e.g. · confidence medium
See, e.g., In re Bargfrede, 117 F.3d at 1079-80 (holding that the debt- or’s transfer to a church to pay the debt of his embezzling wife was avoidable).
Retrieving the full opinion text from the archive…
Bankr. L. Rep. P 77,448 in Re Stanley Bargfrede Pamela Bargfrede, Debtors. Michael S. Dietz, Trustee of the Bankruptcy Estate of Stanley and Pamela Bargfrede
v.
St. Edward's Catholic Church Diocese of Dubuque
96-1838.
Court of Appeals for the Eighth Circuit.
Jun 27, 1997.
117 F.3d 1078

117 F.3d 1078

Bankr. L. Rep. P 77,448
In re Stanley BARGFREDE; Pamela Bargfrede, Debtors.
Michael S. DIETZ, Trustee of the Bankruptcy Estate of
Stanley and Pamela Bargfrede, Appellant,
v.
ST. EDWARD'S CATHOLIC CHURCH; Diocese of Dubuque, Appellees.

No. 96-1838.

United States Court of Appeals,
Eighth Circuit.

Submitted Feb. 14, 1997.
Decided June 27, 1997.

Michael S. Dietz, Rochester, MN, argued, for appellant.

Mark Conway, Waterloo, IA, argued, for appellees.

Before HANSEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and MELLOY,[1] District Judge.

PER CURIAM.

[*~1078]1

Bankruptcy Trustee Michael Dietz (Trustee) appeals the district court's affirmance of the bankruptcy court's entry of summary judgment in favor of St. Edward's Catholic Church and the Diocese of Dubuque (Church) in his proceeding to recover three pre-filing transfers. We reverse in part and remand.

2

In 1989, Pamela Bargfrede pleaded guilty to felony theft after she embezzled over $200,000 from the Church at which she was employed as a bookkeeper. The Church was awarded a civil judgment, which was satisfied by agreement after the three separate payments which are at issue in this matter were received by the Church. The first payment, made in 1991, represented the proceeds from the sale of the Bargfredes' homestead. The second payment, also made in 1991, represented the proceeds from an auction sale of their personal property and household items. The third payment was made by Pamela's husband, Stanley Bargfrede, in July 1992, and represented a lump sum withdrawal from his pension and profit sharing accounts.

3

On April 19, 1993, less than one year after the last payment, the Bargfredes filed a Chapter 7 bankruptcy petition. As relevant to this appeal, the Trustee commenced an adversary proceeding to recover the 1992 transfer of Stanley's pension funds as fraudulent under 11 U.S.C. § 548(a)(2)(A),(B)(i); alternatively, the Trustee claimed the transfer was preferential because the Church was an insider pursuant to 11 U.S.C. § 547. The trustee also sought to recover Stanley's one-half interest in the 1991 transfers of the proceeds from the sales of the homestead and personalty as fraudulent under Iowa law pursuant to 11 U.S.C. § 544(b).

4

The bankruptcy court granted the Church summary judgment with respect to all three transfers, finding the release of a possible burden on the marital relationship and the preservation of the family relationship constituted reasonably equivalent value and consideration to Stanley. The bankruptcy court alternatively concluded that the homestead proceeds were exempt. The bankruptcy court also rejected the Trustee's claim that the pension funds transfer was preferential. The district court affirmed.

5

We review de novo a grant of summary judgment, determining whether the record, when viewed in the light most favorable to the non-moving party, shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); In re Young, 82 F.3d 1407, 1413 (8th Cir.1996).

6

As to the transfer of Stanley's pension funds, the provision under which the Trustee is proceeding allows him to void the transfer as fraudulent if Stanley did not receive reasonably equivalent value for the transfer and if he was insolvent at the time of, or made insolvent by, the transfer. See 11 U.S.C. § 548(a)(2)(A), (B)(i).

[*~1079]7

We conclude the bankruptcy court erred in holding that Stanley received reasonably equivalent value for the transfer of his pension funds. The transfer directly benefitted Stanley's wife, not him, by discharging her debt to the Church. See In re Jolly's, Inc., 188 B.R. 832, 842 (Bankr.D.Minn.1995) (transfers made solely for benefit of third party do not furnish reasonably equivalent value); Biggs v. United States Nat'l Bank, 11 B.R. 524, 527 (D.Neb.1980) (same). To the extent Stanley received indirect, non-economic benefits in the form of a release of a possible burden on the marital relationship and the preservation of the family relationship, we find these sufficiently analogous to other intangible, psychological benefits to conclude that they do not constitute reasonably equivalent value. See In re Young, 152 B.R. 939, 948 (D.Minn.1993) (moral obligations not reasonably equivalent value), rev'd on other grounds, 82 F.3d 1407 (8th Cir.1996); see also In re Treadwell, 699 F.2d 1050, 1051 (11th Cir.1983) (love and affection not reasonably equivalent value); Zahra Spiritual Trust v. United States, 910 F.2d 240, 249 (5th Cir.1990) (spiritual fulfillment not reasonably equivalent value).

8

The transfers of Stanley's one-half interest in the homestead and personalty proceeds are not voidable under section 548(a), as they were made more than a year before the Chapter 7 filing. See 11 U.S.C. § 548(a). However, the Trustee may still void these transfers if they are voidable under Iowa law. See 11 U.S.C. § 544(b); Iowa Code Ann. § 614.1(4) (West Supp.1996) (five year statute of limitations). Under Iowa law applicable at the time this action was filed,[2] the Trustee may set aside the transfers in question if they were fraudulent; the transfers are presumed to be fraudulent if Stanley did not receive consideration, unless the Church proves that Stanley remained solvent after the transfers. See Regal Ins. Co. v. Summit Guar. Corp., 324 N.W.2d 697, 703 (Iowa 1982).

9

The bankruptcy court concluded that the release of a possible burden on the marital relationship and the preservation of the family relationship also constituted consideration for the transfers of the homestead and personalty sale proceeds. As the Supreme Court of Iowa has not addressed this precise issue, we must attempt to predict what that Court would decide if faced with the issue, considering "relevant state precedent, analogous decisions, considered dicta, ... and any other reliable data". See Ventura v. Titan Sports, Inc., 65 F.3d 725, 729 (8th Cir.1995), cert. denied, 516 U.S. 1174, 116 S.Ct. 1268, 134 L.Ed.2d 215 (1996). We believe that the Supreme Court of Iowa would conclude that the benefits Stanley received to his marital and family relationships do not constitute consideration. Cf. First Nat'l Bank v. Frescoln Farms, Ltd., 430 N.W.2d 432, 435 (Iowa 1988) (transfer of stock "in consideration of love and affection" is not consideration for purposes of Iowa fraudulent transfer law).

10

Because the bankruptcy court erroneously concluded that Stanley received reasonably equivalent value and consideration for the disputed transfers, it did not consider whether the Trustee also showed that Stanley was insolvent at the time of, or rendered insolvent because of, the pension funds transfer, see In re Hemphill, 18 B.R. 38, 48 (Bankr.S.D.Iowa 1982) (burden on party seeking to void transfer to prove elements of § 548), or whether the Church proved that Stanley remained solvent after the transfers of the homestead and personalty proceeds, see Regal Ins. Co., 324 N.W.2d at 703 (burden on transferee to prove transferor remained solvent). Thus, we remand for the bankruptcy court to consider those issues.

[*~1080]11

As to the homestead proceeds, we also disagree with the bankruptcy court's alternative conclusion that such proceeds were exempt; we disagree because the Bargfredes did not invest the proceeds in a new home; instead, they intended to, and did, use the proceeds to satisfy Pamela's debt to the Church. See Iowa Code Ann. § 561.20 (West 1992) (new home acquired with proceeds from old home exempt to value of old); Millsap v. Faulkes, 236 Iowa 848, 20 N.W.2d 40 (1945) (proceeds of homestead exempt only for purpose of reinvesting in new home). As to the proceeds from the sale of the Bargfredes' personalty, the bankruptcy court stated that the record was insufficient to determine whether the personalty items, and thus the proceeds therefrom, were exempt. On remand, should the bankruptcy court conclude the transfer of the personalty proceeds was fraudulent, it may need to further consider whether any of the personalty was exempt.

1

The Honorable Michael J. Melloy, Chief Judge, United States District Court for the District of Northern Iowa, sitting by designation

2

Iowa's Uniform Fraudulent Transfer Act does not apply to this matter, as the Act, which was effective January 1, 1995, is not retroactive. See Iowa Code Ann. §§ 684.1-684.12 (West Supp.1996)