17.31 "redemption" in Bankruptcy
| Library | Real Estate Practice Deskbook (2019 Ed.) |
XII. (§17.31) "Redemption" in Bankruptcy
Although no attempt can be made in this chapter to provide an exhaustive discussion of the impact of bankruptcy proceedings on foreclosures, it should be noted that the bankruptcy trustee can set aside any transfer by a debtor within two years of bankruptcy if:
· the transfer was intended to defraud, hinder, or delay creditors; or
· the debtor received less than a reasonable value for the transfer and was insolvent on the date of the transfer.
At one time, "reasonably equivalent value" was determined using a "percentage approach." The percentage approach may have begun with a...
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