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BFP v. Resolution Trust Corp.

BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)

Court
Supreme Court of the United States
Decided
1994-05-23
Docket
92-1370

What happened

After a California home sold at foreclosure for far below its claimed value, the owner filed bankruptcy and tried to undo the sale as a fraudulent transfer.

What the court decided

The Supreme Court held that the price received at a non-collusive foreclosure sale conducted under state law is "reasonably equivalent value" for bankruptcy purposes.

In the court's words

“the price in fact received at the foreclosure sale, so long as all the requirements of the State’s foreclosure law have been complied with”

Why it may matter to you

Timing matters: bankruptcy filed BEFORE the sale can stop it; after a proper sale, a low price alone usually cannot undo it.

Why it might not apply

If the sale did not follow state law, or was collusive, the answer can change.

Most useful when

  • You hope bankruptcy can undo a completed foreclosure because the price was low

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationBFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)Short formBFP, 511 U.S. 531

Draft — check it with free legal aid before you file or say it in court.

In BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994), the court held that the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code. Here, [say in one sentence what happened in your case]

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