Bankruptcy Law - Whether a Debtor-in-Possession Can avoid a Pre-Petition Real Property Foreclosure that Complies with State Law and is Non-Collusive on the Grounds that the Foreclosure Constituted a Preferential Transfer

Whittle Dev., Inc. v. Branch Banking Trust Co. (In Re Whittle Dev., Inc.), Case No. 10-37084-HDH-11, Adv. No. 11-03150, 2011 Bankr. LEXIS 2956 (Bankr. N.D. Tex. July 27, 2011)

2011 Spring_Brezik_Note_Whittle Dev v Branch Banking Trust.pdf

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Bfp v. Resolution Trust Corp. Supreme Court Decision Chapter 7 Liquidation Distribution Rule Fair and Proper Price Standard Federalism Concerns In Bankruptcy Fraudulent Conveyance Doctrine Optimal Approach Concept (State Interests Secured)Pre-Petition Foreclosure Avoidance Doctrine Preference Avoidance Test (Creditor Received More Under Sale Than Under Chapter 7)Preferential Transfer Doctrine Reasonably Equivalent Value Standard Section 547(B) of The Bankruptcy Code Section 548 of The Bankruptcy Code Section 548(A)(2) of The Bankruptcy Code State Foreclosure Law Compliance Standard Subsection 547(B)(5)(A) of The Bankruptcy Code