Glimcher Supermall Venture, LLC v. Coleman Co.

[¶ 39.] I respectfully disagree with those parts of the Court’s opinion concluding that reasonable equivalent value was not given for the transfer of BHG’s assets. See supra Part A (actual fraud) and Part B (constructive fraud). I do so because those Parts analyze the reasonable equivalent value question from the perspective of Glimcher, the creditor challenging the transfer. See supra ¶¶ 20, 26. In my view, the reasonable equivalent value question should not be viewed from the perspective of the unsecured creditor challenging the transfer. Rather, the question must be viewed from the…