Missouri Court of Appeals, Southern District / Sep 13, 2022
JENETTE KONOPASEK, Plaintiff-Appellant vs. DOUGLAS and LAURA KONOPASEK, Defendants-Respondents
Jenette Konopasek, a judgment creditor, sought to collect unpaid child support from Douglas Konopasek, the judgment debtor, by alleging he fraudulently transferred personal injury and workers' compensation settlement proceeds to a joint account with his wife, Laura Konopasek. The circuit court dismissed her amended petition for failure to state a claim under the Missouri Uniform Fraudulent Transfer Act (MUFTA). The appellate court affirmed the dismissal, holding that merely depositing funds into a jointly held account does not constitute a "transfer" as defined by MUFTA because the debtor did not dispose of or part with the asset.