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· 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 CourtListener

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.