BFP v. Resolution Trust Corporation, 511 U.S. 531, 17 (1994)

Page:   Index   Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Cite as: 511 U. S. 531 (1994)

Opinion of the Court

formulation of the "plain meaning" of "reasonably equivalent value" continues to leave unanswered the one question central to this case, wherein the ambiguity lies: What is a fore-closed property worth? Obviously, until that is determined, we cannot know whether the value received in exchange for foreclosed property is "reasonably equivalent." We have considered three (not, as the dissent insists, only two, see post, at 549) possible answers to this question—fair market value, supra, at 536-540, reasonable forced-sale price, supra, at 540, and the foreclosure-sale price itself—and have settled on the last. We would have expected the dissent to opt for one of the other two, or perhaps even to concoct a fourth; but one searches Justice Souterís opinion in vain for any alternative response to the question of the transferred property's worth. Instead, the dissent simply reiterates the "single meaning" of "reasonably equivalent value" (with which we entirely agree): "[A] court should discern the 'value' of the property transferred and determine whether the price paid was, under the circumstances, 'less than reasonabl[e].' " Post, at 559. Well and good. But what is the "value"? The dissent has no response, evidently thinking that, in order to establish that the law is clear, it suffices to show that "the eminent sense of the natural reading," post, at 565, provides an unanswered question.

Instead of answering the question, the dissent gives us hope that someone else will answer it, exhorting us "to believe that [bankruptcy courts], familiar with these cases (and with local conditions) as we are not, will give ["reasonably equivalent value"] sensible content in evaluating particular transfers on foreclosure." Post, at 560. While we share the dissent's confidence in the capabilities of the United States Bankruptcy Courts, it is the proper function of this Court to give "sensible content" to the provisions of the United States Code. It is surely the case that bankruptcy "courts regularly make . . . determinations about the 'reasonably equivalent value' of assets transferred through other

547

Page:   Index   Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: October 4, 2007