Legal Opinion

Frank v. Kiesel (In re Denison)

District Court, E.D. Michigan

Decided March 31, 2003No. Nos. 02-10191-BC, 02-10194-BCPublishedCited by 6 opinions

1Opinion of the Court

*152 OPINION AND ORDER REVERSING JUDGMENT OF BANKRUPTCY COURT

LAWSON, District Judge.

The question presented in this appeal from the bankruptcy court is whether a contract right to obtain title to a mobile home upon completion of an installment payment agreement constitutes “reasonably equivalent value” within the meaning of 11 U.S.C. § 548(a)(1)(B)® so as to preclude the Trustee from avoiding a sales agreement and recovering the substantial down payment which the debtor paid the mobile home seller. The bankruptcy court held that although the sales contract was valid under Michigan law, because…

2Cases cited6 opinions

  1. In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan BankCourt of Appeals for the Sixth Circuit · 2001
  2. Jackson v. Mishkin (In Re Adler, Coleman Clearing Corp.)District Court, S.D. New York · 2001
  3. In Re Damon J. And Regina M. Kroskie, Debtors. James W. Boyd, Chapter 7 Trustee v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Sixth Circuit · 2003
  4. K. Jin Lim v. Greenfield (In Re Greenfield)United States Bankruptcy Court, E.D. Michigan · 2000
  5. Stauch v. DanielsMichigan Supreme Court · 1927

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3Cited by6 opinions

  1. Slone v. Lassiter (In Re Grove-Merritt)United States Bankruptcy Court, S.D. Ohio · 2009
  2. Unencumbered Assets Trust v. Biomar Technologies, Inc. (In Re National Century Financial Enterprises, Inc.)United States Bankruptcy Court, S.D. Ohio · 2006
  3. Garcia v. Garcia (In re Garcia)United States Bankruptcy Court, E.D. New York · 2013
  4. In Re: Liberty Bridge Capital Management GP, LLCDistrict Court, S.D. New York · 2025
  5. In re Paul OrlandiBankruptcy Appellate Panel of the Sixth Circuit · 2020

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