On June 4, 2019, in the trial of bankrupt developer Sean Dunne and his wife, Gayle Killilea, the jury found that the Trustee Richard M. Coan, represented by THCA’s Thomas Curran, proved by a preponderance of the evidence that Dunne engaged in several fraudulent transfers of assets to his former spouse Killilea, violating the U.S Bankruptcy Code, Irish law, and Connecticut law. Concerning the U.S. Bankruptcy Code, the district court instructed the jury that a bankruptcy trustee may avoid a debtor’s transfer of assets if the trustee proves by a preponderance of the evidence that, first, the debtor transferred the property that he owned to another party within two years before his bankruptcy filing. Second, the debtor intended to hinder, delay, or defraud the creditors, citing 11 U.S.C.§548(a)(1). Dunne attempted to argue that the motivation behind the transfers was not to evade creditors but to secure the futures of his children, whom he loved. Nevertheless, Dunne’s argument was without success. During the trial, Attorney Curran introduced evidence revealing that Dunne had planned his moves with articulation and had no intention of disclosing information to his creditors.
Further, Attorney Curran presented to the jury evidence of the various assets Dunne claimed he didn’t fraudulently transfer, including a multimillion-dollar piece of real estate in Ireland known as “Walford.” At trial, Killilea tested her argument that Walford was held in a trust for her benefit. However, Attorney Curran rebutted her insistence and offered extensive evidence revealing Dunne had purchased Walford in his individual capacity in 2005, and the ‘Declaration of Trust’ was fabricated. Attorney Curran presented innumerable exhibits and testimony to the District Court and jury, successfully showing that the case highlighted the couple’s secretive financial maneuvers and luxurious, globe-trotting lifestyle.
You can read the full article at: https://www.irishtimes.com/business/commercial-property/for-love-or-money-how-the-sean-dunne-trial-played-out-1.3914631