IN RE LINDSAY

Nos. 92-55224, 92-55227, 92-55266, 92-55268 and 92-55270.

59 F.3d 942 (1995)

In re John R. LINDSAY, Debtor. John R. LINDSAY; Lindsay Enterprises, Inc., A California Corporation; IMA 79-6, A California Limited Partnership; and, IMA 81-3, A California Limited Partnership, Plaintiffs-Appellants, v. BENEFICIAL REINSURANCE COMPANY, A Corporation; Beneficial Standard Life Insurance Company, A Corporation and Does 1-100, Inclusive, Defendants-Appellees. In re John R. LINDSAY, Debtor. (Three Cases) John R. LINDSAY, A California Corporation; Paul Bushard, Plaintiffs-Appellants, v. BENEFICIAL REINSURANCE COMPANY, A Corporation; Beneficial Standard Life Insurance Company, A Corporation and Does 1-100, Inclusive, Defendants-Appellees. John R. LINDSAY, A California Corporation; IMA, A California Limited Partnership, Plaintiffs-Appellees, v. BENEFICIAL REINSURANCE COMPANY, A Corporation; Beneficial Standard Life Insurance Company, A Corporation and Does 1-100, Inclusive, Defendants-Appellants. John R. LINDSAY, A California Corporation; IMA, A California Limited Partnership, Plaintiffs-Appellees, v. BENEFICIAL REINSURANCE COMPANY, A Corporation; Beneficial Standard Life Insurance Company, A Corporation and Does 1-100, Inclusive, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Resubmitted June 24, 1994.

Decided July 12, 1995.


Attorney(s) appearing for the Case

Michael Busch, Page, Polin, Busch & Boat-wright, San Diego, CA, for defendants-appellees-cross-appellants.

Jeffrey C. Krause, Stutman, Treister & Glatt, Los Angeles, CA, for defendants-appellees-cross-appellants.

Phillip M. Adleson and Patric J. Kelly, Adleson, Hess, Christensen & Kelly, for the amicus curiae, California Trustee's Ass'n and California Land Title Ass'n, in support of cross-appellants.

Robert L. Rentto, San Diego, CA, for plaintiffs-appellants-cross-appellees.

Before: FLOYD R. GIBSON, HALL and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

This case requires us to construe the "reasonably equivalent value" standard in bankruptcy law for determining whether a conveyance is fraudulent. We deferred submission before the case was scheduled to be argued because the Supreme Court had granted certiorari in a case which would resolve the controlling issue. After the Supreme Court decision came down, BFP v. Resolution Trust Corporation, ___ U.S. ___, 114 S.Ct. 1757, 128...

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