Legal Opinion

Sensenich v. Molleur (In Re Chase)

United States Bankruptcy Court, D. Vermont

Decided August 2, 2005No. 16-11127PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OF DECISION DETERMINING THERE WAS NOT REASONABLY EQUIVALENT VALUE FOR THE STRICT FORECLOSURE TRANSFER

COLLEEN A. BROWN, Bankruptcy Judge.

The Plaintiffs seek to avoid the transfer of a dwelling located in West Danville, Vermont (the “Subject Property”), effected pursuant to the Vermont strict foreclosure process, as a fraudulent conveyance under § 548 1 and 9 V.S.A. § 2289(a). This Court has determined as a matter of law that compliance with the Vermont strict foreclosure process does not create a presumption of “reasonably equivalent value” and that a transfer effectuated under the…

2Cases cited19 opinions

  1. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  2. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  3. In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
  4. In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
  5. In the Matter of Donald Eugene Bundles, Debtor-Appellant. In Re Donald Eugene Bundles v. William J. Baker, Indiana National Bank and James C. WellsCourt of Appeals for the Seventh Circuit · 1988

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3Cited by10 opinions

  1. Rountree v. Nunnery (In Re Rountree)United States Bankruptcy Court, E.D. Virginia · 2011
  2. Unencumbered Assets Trust v. Biomar Technologies, Inc. (In Re National Century Financial Enterprises, Inc.)United States Bankruptcy Court, S.D. Ohio · 2006
  3. Hampton v. Ont. Cnty.District Court, W.D. New York · 2018
  4. Bacon v. Reimer & Braunstein, LLPSupreme Court of Vermont · 2007
  5. In Re WilletteUnited States Bankruptcy Court, D. Vermont · 2008

5 more not listed; retrieve them via the Exa API.

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