The following excerpt is from In re Gerson, 35 BR 129 (B.A.P. 9th Cir. 1983):
Elliott v. Glushon, 390 F.2d 514 (9th Cir. 1967), considered whether, under relevant sections of the Bankruptcy Act, recovery is proper against one who did not receive the property involved in an allegedly voidable transaction. The trustee sought to recover against the attorney for the bankrupt who acted as an escrow holder and attorney for the participants in a transfer of property from the bankrupt. It was held that the trustee was not entitled to recover from the attorney because he never received an interest in the property. The court stated that the purpose behind the fraudulent transfer sections of the Bankruptcy Act was to preserve assets of the bankrupt not to render civilly liable all persons who may have contributed in some way to the dissipation of those assets.
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