If a distressed business sells assets and then ultimately declares bankruptcy following the sale, the bankruptcy trustee may examine certain transactions that occurred leading up to the bankruptcy filing under Section 548 of the U.S. Bankruptcy Code. If those transactions are found to be fraudulent, the court … Visa mer Unfortunately, there is no easy answer to this question. The U.S. Bankruptcy Code does not define reasonably equivalent value. Rather, Congress left it up to the … Visa mer The finding of a constructively fraudulent conveyance by the bankruptcy court could result in a number of unwelcome consequences for the buyer of the assets or … Visa mer WebbUnder these “circumstances”—where the debtor receives less than reasonably equivalent value for a transfer made while insolvent—the Bankruptcy Code presumes that a transfer was fraudulent, and does not require the trustee to show the debtor’s intent.

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Webb1 nov. 2001 · When analyzing whether a debtor received less than a reasonably equivalent value, the section does not ask us to compare the property transferred by the debtor and what was received in exchange; rather, the section focuses our attention on a transfer "of an interest of the debtor in property." WebbThe Uniform Fraudulent Transfer Act (“UFTA”) (§ 8 (a)), like Bankruptcy Code 548 (c), provides a complete defense for a “good faith” transferee who gives “reasonably equivalent value” when receiving cash from a fraudulent debtor. Courts have been split as to whether the good faith defense is available to transferees of Ponzi scheme ... city of daytona beach planning board

Standard of Value in Bankruptcy - Mercer Capital

WebbThe Uniform Fraudulent Transfer Act (“UFTA”) (§ 8(a)), like Bankruptcy Code 548(c), provides a complete defense for a “good faith” transferee who gives “reasonably equivalent value” when receiving cash from a fraudulent debtor. Webb21 sep. 2016 · The words “equivalent value” require the court to make a subjective judgment whether consideration received in exchange for a transfer is worth the same as the consideration transferred by the debtor. And the considerations exchanged by the … Webb3 juni 2011 · Usually, a trustee in bankruptcy can avoid prepetition transfers of the debtor’s interest in property if the transfer was made when the debtor was insolvent or was made insolvent as a result of the transfer. Additionally, the debtor must have received less … donkey sanctuary main barn outside