In a case decided on May 15, 2015, the 7th Circuit Court of Appeals has declared that the existence of forbearance agreements from a creditor can, in the right circumstances, satisfy the reasonable equivalency test in order to prevail in an avoidance action brought by a debtor in bankruptcy. This is a key decision for creditor’s rights professionals, and will add another layer of protection to the workout professional’s armor. The case is 1756 W. Lake Street LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC, Court of Appeals, 7th Circuit (May 15, 2015).
What are the right circumstances? Here are the circumstances that led to the decision:

The court found that the income produced by the asset for the four additional years that the life of the business was allowed to continue, after the event of default, stood for increased value. The court determined that the income produced over the four years far exceeded the $200,000 that now existed as equity in the property. Without this finding, the bank would have lost its deed to the property and lost a valuable asset it negotiated hard for during the workout process.