Williamson v. Paris, 23-05020

Weylin Paris purchased real property from his grandfather in Kansas and refinanced it; his brother Brandon Paris lived there with him and later took over the mortgage and occupancy.
In 2013, as Weylin prepared to marry Alicia, the brothers agreed that Brandon would pay Weylin $8,000 and assume the mortgage; however, title remained with Weylin until a quit claim deed (QCD) transferred property to Brandon in 2017.
The 2017 transfer was prompted by family estate planning, not creditor pressure, and was formalized with the help of the family attorney.
When Weylin and Alicia filed Chapter 7 bankruptcy in 2022, the Trustee sought to avoid the 2017 transfer as a fraudulent conveyance under federal and Kansas law, using the IRS as a triggering creditor.
Brandon continued living on the property, making all mortgage payments after 2013; the deed and mortgage were never assigned to him, but the quit claim deed was publicly recorded.
The court held a trial to resolve whether the property transfer was fraudulent or whether Brandon provided reasonably equivalent value.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the 2017 QCD fraudulent under 11 U.S.C. § 544(b) and related statutes?	Trustee: Transfer was to insider, for no consideration, while insolvent and with pending lawsuits, thus actual or constructive fraud.	Brandon: Provided consideration by paying $8,000 and mortgage; transfer was a family matter, not intended to defraud creditors.	Not fraudulent; Trustee failed to prove actual or constructive fraud.
Did Brandon provide reasonably equivalent value for the property?	Trustee: No equivalent value provided; QCD stated no consideration, property worth more than debt assumed.	Brandon: $8,000 cash and all mortgage payments satisfied the requirement; property value close to mortgage amount.	Yes, Brandon provided reasonably equivalent value.
Was there actual intent to hinder, delay, or defraud creditors?	Trustee: Factors (insider transfer, pending debt, lack of consideration, insolvency) show intent to defraud.	Brandon: Transfer long planned, not concealed, no contemporaneous creditor threat, no intent to defraud.	No intent to defraud; factors do not support plaintiff's claim.
Was the transfer timely challenged within the statute of limitations?	Trustee: Action timely under federal statutes.	Brandon: Claimed earlier equitable transfer in 2013, making suit untimely.	Transfer occurred in 2017; action timely.

None with official reporter citations provided or relied upon for substantive legal rules in the opinion.