| United States - 2000 - 1216 páginas
...or after the date that such transfer was made or such obligation was incurred, indebted; or (B)(i) received less than a reasonably equivalent value in exchange for such transfer or obligation; and (ii)(I) was insolvent on the date that such transfer was made or such obligation... | |
| Richard F. Duncan, William H. Lyons, Catherine Lee Wilson - 2011 - 688 páginas
...set aside a transfer of property of an insolvent debtor made on or within one year before bankruptcy, if the debtor "received less than a reasonably equivalent value in exchange for such transfer." 11 USC § 548(a)(2)(A) & (B)(i). The Durrett doctrine simply held that foreclosure sales must be tested... | |
| Ferdinand Fromholzer - 1997 - 412 páginas
...before the date ofthe filing of the petition, if the debtor voluntarily or involuntarily - [...] (2) (A) received less than a reasonably equivalent value in exchange for such transfer or obligation. 16 Vgl. Corbin on Contracts, § 134, S. 574, Fn. 39, mit Nachweis der Rechtsprechung,... | |
| Frank J. Fabozzi, David P. Jacob - 1998 - 522 páginas
...debtor: ( 1 ) made the transfer with actual intent to hinder, delay or defraud any creditor or (2) received less than a reasonably equivalent value in exchange for such transfer and either (a) was insolvent at the date of the transfer or became insolvent as a result of the transfer,... | |
| John H. Mathias, David M. Kroeger, Matthew M. Neumeier, Jerry J. Burgdoerfer - 2000 - 716 páginas
...creditor of the debtor." The second, commonly called "constructive fraud," requires a showing that the debtor received less than a reasonably equivalent value in exchange for the transfer or obligation and: (1) the debtor was insolvent or became insolvent as a result of the... | |
| Lucas Bergkamp - 2001 - 744 páginas
...' 11 USC Sec.548(a)(l) (Bankruptcy Code). Reckless fraudulent transfer is defined as follows: "(1) the debtor received less than a reasonably equivalent value in exchange for such transfer or obligation; and (2) the debtor intended to incur or believed or reasonably should have believed... | |
| D. Ellsworth Blanc - 2002 - 136 páginas
...such obligation with actual intent to hinder, delay, or defraud an existing or future creditor; • received less than a reasonably equivalent value in exchange for such transfer and obligation and (a) was insolvent on the date of such transfer or obligation; (b) was, or was about... | |
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