· 10/29/2002
Federal Case
Citations
- 310 F.3d 796
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that a crooked scheme may establish the absence of good faith
- “Like all speculative financial instruments, the value of an option can change over time, depending upon the value of the underlying property.”
- “[Section 548(c)] looks at value from the perspective of the transferee: How much did the transferee ‘give’? The concern here, quite properly, is for the transferee's side of the exchange, not the transferor's gain.”
- “[C]onsistent with economic reality, this and other circuits unequivocally hold that for purposes of § 548 the value of an investment, even a risky one [. . .] is to be determined at the time of purchase.”
- value under Section 548 determined at the time of the transaction
- “The burden of proof is on the defendant transferee.”
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.