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Drew v. MAK Inv. LLC (In re Drew)

Drew v. MAK Inv. LLC (In re Drew)

Ruling
Purchase of title for less than reasonably equivalent value was avoidable.
Procedural posture

Plaintiff, the chapter 7 trustee, brought suit seeking to avoid the prepetition transfer of the debtor's residence to a third party purchaser under 11 U.S.C. § 548, to collect damages pursuant to state law and the common law, treble damages plus fees and costs pursuant to the New Hampshire Consumer Protection Act ("NHCPA"), N.H. Rev. Stat. Ann. § 358-A. The purchaser argued it had paid "reasonably equivalent value"for the property.

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opinion summary, case decided on August 17, 2006 , LexisNexis #0906-028