Undervalued transactions: mechanisms to declare and reverse inadequate transfers to restore creditor positions and require remedial orders. Undervalued transactions allow a liquidator or resolution professional to apply to the adjudicating authority to declare transfers made for no or significantly inadequate consideration void and reverse their effects; transactions within one year (or two years with related parties) are examinable, the authority may require independent expert valuation, and orders can vest property back in the corporate debtor, discharge security, require repayment of benefits, or mandate payment determined by an expert.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Undervalued transactions: mechanisms to declare and reverse inadequate transfers to restore creditor positions and require remedial orders.
Undervalued transactions allow a liquidator or resolution professional to apply to the adjudicating authority to declare transfers made for no or significantly inadequate consideration void and reverse their effects; transactions within one year (or two years with related parties) are examinable, the authority may require independent expert valuation, and orders can vest property back in the corporate debtor, discharge security, require repayment of benefits, or mandate payment determined by an expert.
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