BFP v. Resolution Trust Corporation, As Receiver of Imperial Federal Savings Association, et al. (511 U.S. 531)
U.S. Supreme Court · decided May 23, 1994 · Supreme Court Database (Spaeth)
- Citation
- 511 U.S. 531 · 114 S. Ct. 1757
- Decided
- May 23, 1994
- Term
- October Term 1993
- Vote
- 5–4
- Majority author
- Justice Scalia
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. This case presents the question whether the consideration received from a noncollusive, real estate mortgage foreclosure sale conducted in conformance with applicable state law conclusively satisfies the Bankruptcy Code’s requirement that transfers of property by insolvent debtors within one year prior to the filing of a bankruptcy petition be in exchange for “a reasonably equivalent value.” 11 U. S. C. § 548(a)(2). I Petitioner BFP is a partnership, formed , by Wayne and Marlene Pedersen and Russell Barton in 1987, for the purpose of buying a home in Newport Beach, California, from Sheldon and Ann Foreman. Petitioner took title subject to a first deed of trust in favor of Imperial Savings Association (Imperial) to secure payment of a loan of $356,250 made to the Pedersens in connection with petitioner’s acquisition of the home. Petitioner granted a second deed of trust to the Foremans as security for a $200,000 promissory note. Subsequently, Imperial, whose loan was not being serviced, entered a notice of default under the first deed of trust and scheduled a properly noticed foreclosure sale. The foreclosure proceedings were temporarily delayed by the filing of an involuntary bankruptcy petition on behalf of petitioner. After the dismissal of that petition in June 1989, . Imperial’s foreclosure proceeding was completed at a…
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