· 6/17/1988
Federal Case
Citations
- 850 F.2d 342
- 19 Collier Bankr. Cas. 2d 35
- 1988 U.S. App. LEXIS 8233
- 17 Bankr. Ct. Dec. (CRR) 1321
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that debtor's subjective needs or perspective were not determinative for purposes of the reasonably equivalent value analysis
- indicating that a determina tion of reasonably equivalent value is based on a “totality of the circumstances”
- finding that debtor’s subjective needs or perspective were not determinative for purposes of the reasonably equivalent value analysis
- “Whether a transfer is made for a reasonably equivalent value is a question of fact.”
- since reasonably equivalent value is a means of determining if the debtor received a fair exchange in the market place, the inquiry presumes a hypothetical transaction by willing parties unconstrained by the particular financial circumstances of the debtor
- question of fact reversible only if clearly erroneous
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.