United States of America v. Baker et al

Filing 94

Judge Richard G. Stearns: Further ORDER on United States' Proposed Form of Final Judgment entered. (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 13-11078-RGS
UNITED STATES OF AMERICA
v.
SCOTT BAKER and ROBYN BAKER
FURTHER ORDER ON PLAINTIFF=S
PROPOSED FORM OF FINAL JUDGMENT
September 28, 2015
STEARNS, D.J.
I agree generally with the defendants that the Proposed Form of Final
Judgment submitted by the United States imports a lien tracing theory that,
while not rejected by the court in its Findings and Rulings, was also not
embraced.

See Dkt. # 86, at 30-31 n.20.

The court based its decision

rather on the law governing fraudulent transfers, pointing out that a divorce
may be bona fide, but the division of property nonetheless a fraud on
creditors. The court in this regard found the transactions identified in its
Ultimate Rulings ¶¶ 2-3, and 4, to have been fraudulently undertaken to
defeat Scott Baker’s accrued tax liabilities. The court will give the United
States as the prevailing party, an additional fourteen days (until October 12,
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2015) to submit a Proposed Form of Final Judgment that conforms more
strictly to the court’s decision.
SO ORDERED.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE

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