Gayle Killilea v. Richard M. Coan, et al.
Immigration JusticiabilityDoctri
Whether expert testimony may be excluded under Rules 702 and 704 because the expert offers an opinion on the relevant question of fact
Question Presented is: 1. Whether expert testimony may be excluded under Rules 702 and 704 because the expert offers an opinion on the relevant question of fact. This case also involves whether the bankruptcy trustee may avoid the transfer of a second parcel of real estate even though the debtor did not own it. The relevant statute, 11 U.S.C. § 548, permits the avoidance of an interest of “the debtor” in property. The Court of Appeals affirmed the District Court’s conclusion that the trustee may avoid the transfer. Other courts of appeals have concluded the opposite. The second Question Presented is: 2. Whether a trustee may avoid under 11 U.S.C. § 548 the transfer of property the debtor did not own.