Defined ~ Value And Reasonably Equivalent Value
Site.Mainuvta03value History
Show minor edits - Show changes to markup
VALUE OPINIONS
(:pagelist link=Category.Value list=normal fmt=title:)
VALUE ARTICLES
- 2016.09.30 ... The Silver Lining In The IRS's Proposed Rule Changes For Valuation Discounts
"VALUE" DEFINED AND REASONABLY EQUIVALENT VALUE
"VALUE" DEFINED AND REASONABLY EQUIVALENT VALUE (REV)
REASONABLY EQUIVALENT VALUE ARTICLES
- 2020.12.29 ... Debtor’s Transfers From Non-Debtor Limited Partnership Set Aside In Cole
- 2020.07.30 ... Zambri Zaps Harrah’s Casino For $850,449.06.0 In Fraudulent Transfers Ordered Repaid To Bankruptcy Trustee
- 2019.08.21 ... Of Jeffrey Epstein And The Assets He Placed Into Trust Two Days Before His Death
- 2018.08.24 ... Undocumented Loans Easy Fodder For Florida Fraudulent Transfer Claim In Kaplan
- 2018.08.13 ... Late-Arriving Member To LLC Results In Fraudulent Transfer Finding And Punitive Damages In Lacava
- 2016.09.30 ... The Silver Lining In The IRS's Proposed Rule Changes For Valuation Discounts
- 2016.08.22 … Sacred Heart University Dodges Fraudulent Transfer Claim For Tuition Paid In Palladino
- 2016.07.29 … Blixseth Loses On Marital Settlement Agreement And Fraudulent Transfers
- 2016.04.07 … The Golf Channel Gets The Answer It Wants From The Texas Supreme Court
- 2015.11.16 ... Attorney's Fees Deemed To Constitute Reasonably Equivalent Value In Magnum Steel
- 2015.07.27 ... The Fifth Circuit Declares A Mulligan In The Golf Channel Innocent Transferee Case
- 2015.03.31 ... The Common But False Myth Of The Asset-For-LLC Interest Exchange In Asset Protection Planning
- 2015.03.17 ... The Fifth Circuit Slices The Golf Channel Into The Pond
- 2015.03.14 ... Medici Gambles At The Venetian But It Is The Venetian Who Gets Played
- 2014.11.01 ... The Insolvent Debtor - Are Charity And Family Gifts Still Possible?
- 2014.10.09 ... Dilution Of Corporate Stock As A Fraudulent Transfer In Antonello
- 2013.07.02 ... Bankrupt Milwaukee Archdiocese Apparently Caught In Fraudulent Transfer
- 2013.03.22 ... What The Debtor Received In Return Is Key To Fraudulent Transfer Value Analysis
- 2013.01.30 ... Interspousal Transfers Without Value To Avoid Personal Guarantee Voided As Fraudulent Transfers In Lilly
- 2012.12.31 ... Cohen - Lawyer's Transfer Of Wages To Entireties Account Only Partially Protected From Creditor When Fraudulently Transferred
- 2011.10.13 ... The Sad Last Ballad of Jerry Lynn Williams: Divorce Decree Fails To Defeat Fraudulent Transfer Action
- 2012.10.31 ... Kenrob Information - The IRS Fights Off Fraudulent Transfer Claim For Debtor S-Corporation's Tax Reimbursements To Shareholders
- 2011.09.27 ... Schofield-Johnson: Husband's Failed Attempt To Shield Assets From The IRS By Transferring To Wife Who Transferred To An LLC
- 2011.09.20 ... Racsko: Bankruptcy Trustee Of Mother Can Invade Her Children's Trust On Fraudulent Transfer Grounds
VALUE OPINIONS
(:pagelist link=Category.Value list=normal fmt=title:)
#rev]
(:title TOPICSHORT:) (:Summary: TOPICLONG:) (:description TOPICLONG:) (:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, TOPIC:)
(:title Defined ~ Value And Reasonably Equivalent Value:) (:Summary: Defined ~ Value And Reasonably Equivalent Value:) (:description Defined ~ Value And Reasonably Equivalent Value:) (:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, value, reasonably equivalent value, utility to creditors, eyes of creditors:)
TOPIC Definition PAGENAME
Value REV Definition Mainuvta03value
TEXT
"VALUE" DEFINED AND REASONABLY EQUIVALENT VALUE
TEXT OPINIONS
(:pagelist link=Category.TEXT list=normal fmt=title:)
UVTA § 3. VALUE.
(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) For the purposes of Section 4(a)(2) and Section 5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) For the purposes of Section 4(a)(2) and Section 5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
#presentvaluecontemporaneous3c
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
BANKRUPTCY CODE § 548(d)(2) [VALUE]
In this section—
(A) "value" means property, or satisfaction or securing of a present or antecedent debt of the debtor, but does not include an unperformed promise to furnish support to the debtor or to a relative of the debtor;
(B) a commodity broker, forward contract merchant, stockbroker, financial institution, financial participant, or securities clearing agency that receives a margin payment, as defined in section 101, 741, or 761 of this title, or settlement payment, as defined in section 101 or 741 of this title, takes for value to the extent of such payment;
(C) a repo participant or financial participant that receives a margin payment, as defined in section 741 or 761 of this title, or settlement payment, as defined in section 741 of this title, in connection with a repurchase agreement, takes for value to the extent of such payment;
(D) a swap participant or financial participant that receives a transfer in connection with a swap agreement takes for value to the extent of such transfer; and
(E) a master netting agreement participant that receives a transfer in connection with a master netting agreement or any individual contract covered thereby takes for value to the extent of such transfer, except that, with respect to a transfer under any individual contract covered thereby, to the extent that such master netting agreement participant otherwise did not take (or is otherwise not deemed to have taken) such transfer for value.
REASONABLY EQUIVALENT VALUE ("REV")
Note that Reasonably Equivalent Value, known by the acronym "REV", is not defined by the UVTA/UFTA but instead is defined by decisional law.
VALUE OPINIONS
(:pagelist link=Category.Value list=normal fmt=title:)
REASONABLY EQUIVALENT VALUE OPINIONS
(:pagelist link=Category.REV list=normal fmt=title:)
(:title TOPICSHORT:)
(:Summary: TOPICLONG:)
(:description TOPICLONG:)
(:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, TOPIC:)
(:linebreaks:)
TOPIC Definition PAGENAME
TEXT
TEXT OPINIONS
(:pagelist link=Category.TEXT list=normal fmt=title:)