PlayNation Play Sys., Inc. v. Hammer, 277 Ga. App. 675, 627 S.E.2d 415 (2006).
Feb 20, 2006OUTCOME: The Court of Appeals reversed the trial court.
PlayNation obtained a money judgment against David Howard in January 2002. In April 2002, Howard transferred his interest in a lot to Gwen Hammer. Three months later, Howard filed for Chapter 7 bankrup ... tcy. Following a two-day trial, the bankruptcy court entered a judgment finding that Howard was not entitled to discharge his debts because he transferred property within one year of petitioning for bankruptcy “with actual intent to hinder, delay, or defraud his creditors.” Less than one month after successfully objecting to Howard's discharge in bankruptcy, PlayNation filed the underlying suit against Howard and Hammer, requesting that the court set aside the fraudulent conveyance and award damages, including punitive damages, as well as attorneys' fees, for the defendants' fraudulent conveyance. Relying on the bankruptcy court's judgment, PlayNation promptly moved for summary judgment in its favor regarding the defendants' liability for fraudulently conveying the property. PlayNation also moved for a judicial declaration voiding the conveyance. The trial court denied PlayNation's motion in a cursory order finding “genuine issues of material fact.” PlayNation appealed.
