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· 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).

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.