· 8/25/1988
In the Matter of Donald Eugene Bundles, Debtor-Appellant. In Re Donald Eugene Bundles v. William J. Baker, Indiana National Bank and James C. Wells
Citations
- 856 F.2d 815
- 1988 U.S. App. LEXIS 12271
- 18 Bankr. Ct. Dec. (CRR) 554
- 1988 WL 92227
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there is a rebuttable presumption that the foreclosure sale price is sufficient to withstand fraudulent conveyance attack
- “the fact that the sale was the result of a foreclosure rather than an arm’s length transaction between a willing buyer and a willing seller is also of considerable importance”
- “If we take the statute at its face value, we must conclude that its unambiguous language requires the reviewing court to make an independent assessment of whether reasonable equivalence was given”
- “In determining whether property was sold for reasonably equivalent value, the bankruptcy court must, of course, be mindful constantly of the purpose of section 548’s avoiding powers — to preserve the assets of the estate” for creditors
- great 23 deference to the district court
Source: CourtListener parenthetical corpus (CC0).
Judges: Wood, Cudahy, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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