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Contracts Keyed to Epstein
In re Wandsown Properties Corporation N.V.
Citation:626 B.R. 165 (2021)
There is a dispute over the right to the downpayment given by the defendant-buyer to the plaintiff-seller in connection with an unconsummated Purchase Agreement to buy real property owned by the debtor. In an earlier decision, the Court found that the Purchase Agreement stated that “seller represents the net proceeds of a sale under this contract would be sufficient to satisfy all claims against seller and, as reasonably projected, seller’s contemplated estate in bankruptcy. The court concluded that the accuracy of the Proceeds Representation, a condition precedent to Beekman’s obligation to close, had to be true and correct at the time of the closing and if the debtor could not satisfy the Proceeds Representation at closing, would the enforcement of the condition cause a disproportionate forfeiture to the debtor.
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