Read the following excerpt from a US court opinion:
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... — property of the debtor, within one year before the date of the filing of the petition.” It is undisputed that within one year before filing this case, Debtor permitted the $70,000 from Roger Berman to be transferred to his live-in partner’s bank account (the “Wang Transfer”). Ling Wang used $60,000 of these funds to cure mortgage arrears owing on the home in which both she, the Debtor and their 12-year old daughter reside.. The remaining $10,000 has not been accounted for. Debtor admits to having lied to Roger Berman about the purpose of the loan and the ability to repay him and falsely testifying about the same. From these facts, the court readily infers Debtor’s intent to defraud his creditor, Roger Berman. Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1588 (2d Cir.1983) . The Wang Transfer presents several badges of
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the transfer of property by the debtor to his spouse while insolvent while retaining use and enjoyment of the property is a classic badge of fraud
B. holding that the debtor could retain exempt property because it was not property of the estate
C. holding that because debtor retained control of property a transfer had not yet occurred
D. holding that spouse could not claim exemption in property that was only property of other spouses estate
E. holding that a spouse is not necessarily an agent of the debtor
Reply with [A, B, C, D, E] only.