Consumer Bankruptcy Journal Spring 2018 | Page 43

POST-PETITION TRANSFEREE to a property’s fair market value. See Shaw v. County of San Bernardino (In re Shaw), 157 B.R. 151, 153-54 (9th Cir. BAP 1993).” Hopkins v. Suntrust Mortg., Inc., 441 B.R. 656, 665 (Bankr. D. Idaho 2010) 10. 11 U.S.C. § 549(c) 11. Positions on interpretation of the undefined term of “good faith purchaser” by various Circuit Court of Appeals include: “The Bankruptcy Code does not define ‘good faith purchaser,’ but the Second Circuit has adopted the traditional equitable definition: ‘one who purchases the assets for value, in good faith and without notice of adverse claims.’ Licensing by Paolo, Inc. v. Sinatra (In re Gucci), 126 F.3d 380, 390 (2d Cir. 1997)” BDC Fin., L.L.C. v. Metaldyne Corp. (In re Metaldyne Corp.), 421 B.R. 620, 625 (S.D.N.Y. 2009) does not define the term ‘good faith purchaser,’ courts have adopted the ‘traditional equitable definition of a ‘good faith purchaser,’ defined as ‘one who purchases the assets for value, in good faith, and without notice of adverse claims.’ In re Rock Indus. Mach. Corp., 572 F.2d 1195, 1197 (7th Cir. 1978).” Made in Detroit, Inc. v. Official Comm. of Unsecured creditors of Made in Detroit, Inc. (In re Made in Detroit, Inc.), 414 F.3d 576, 581 (6th Cir. Mich. 2005) “Though the bankruptcy code does not define ‘good faith purchaser,’ we have adopted the traditional equitable definition of the term: one who purchases the assets for value, in good faith, and without notice of adverse claims.” In re Alan Gable Oil Dev. Co., 1992 U.S. App. LEXIS 29833 (4th Cir. W. Va. 1992) The Fifth Circuit has characterized a good faith purchase in bankruptcy as one that lacks “fraud, collusion between the purchaser and other bidders or the trustee, or an attempt to take grossly unfair advantage of other bidders.” In re Bleaufontaine, Inc., 634 F.2d 1383, 1388 n.7 (5th Cir. Unit B Jan. 1981)) (quoting In re Rock Indus. Mach. Corp., 572 F.2d 1195, 1198 (7th Cir. 1978)). 12. This portion of 11 U.S.C. § 549(c) uses only the term “property” as opposed to “real property”, but the subsequent provision regarding recoding of lien in county and more must lead one to believe that the lack of the adjective “real” was oversight. 13. 11 U.S.C. § 549(c) “Though the bankruptcy code itself BANKRUPTCY AUTOMOTIVE SOLUTIONS A FEE-FREE SERVICE FOR BANKRUPTCY ATTORNEYS If they can dream it, they can drive it! (And we’ll deliver it) National Automotive Brokerage Services www.nabsus.com National Association of Consumer Bankruptcy Attorneys Spring 2018 N A B S (888) 335-1498 CONSUMER BANKRUPTCY JOURNAL 43