This matter is before the Court on the trustee's Motion for Summary Judgment asking that a conveyance by the defendant/debtor, Ray Cornett, to his father, defendant Raymond Cornett, be vacated and set aside. The trustee maintains that there is no genuine issue of material fact to be determined and that he is entitled to judgment as a matter of law. This Court has jurisdiction of this matter pursuant to 28 U.S.C. '1334(b); it is a core proceeding pursuant to 28 U.S.C. '157(b)(2)(F) and (H).

In a '2004 examination of the defendant/debtor conducted on February 5, 1991, he stated that his intent in conveying the tract of property to his father was to pay him back money that he owed him because he did not have the money to repay the debt. In addition, he acknowledged that he was having a hard time paying other debts and was contemplating filing bankruptcy. (Examination of Ray Cornett, pp. 3-4). He testified that he felt that the tract was worth $2500.00. (Examination of Ray Cornett, p. 4).

The deposition of defendant Raymond Cornett was taken on the same day as the '2004 examination. Therein he testified that his son conveyed the tract of property to him because he had no way of paying the debt that he owed. (Raymond Cornett depo., p. 4). He also testified that at the time of the conveyance, his son was having a hard time paying his bills. (Raymond Cornett depo., p. 5). He testified that his son's total indebtedness was around $11,000.00. (Raymond Cornett depo., p. 9). He agreed that the fair value of the tract was $2500.00. (Raymond Cornett depo., p. 12).

The trustee alleges that the facts adduced in this case establish the elements necessary to prove violations pursuant to 11 U.S.C. '547 and '548. The record and the testimony offered in this case establish the following:

The trustee has therefore established a violation of 11 U.S.C. '547(b), enabling him to avoid the defendant/debtor's transfer of the tract of property pursuant to that statute.