James H. Millar, a partner at Wilmer Cutler Pickering Hale and Dorr and Neil Steinkamp, a director at Stout Risius Ross, write that courts have routinely recognized that forbearance can comprise a component of reasonably equivalent value with respect to a fraudulent transfer analysis. However, courts at times reach a summary conclusion with respect to valuing forbearance without readily providing significant detail around the attendant calculations.
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Valuing Forbearance in Fraudulent Transfer Actions
New York Law Journal
December 3, 2012
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