The Durrett Rule states that if an item is sold for less than 70% of its value, it may not be permitted, particularly in foreclosure sales. However, the U.S. Supreme Court has determined that the price obtained in a regular sale for mortgage foreclosure is considered fair and reasonable.
The Durrett Rule, established in 1980 in the case of Durrett v. Washington Nat’l Ins. Co. and now codified in 11 USCA ยง 548, is a principle in bankruptcy law that invalidates transfers of property in exchange for less than 70% of its value as preferential transfers. For example, if a debtor sells a $100,000 property for only $50,000 before filing for bankruptcy, this transfer may be invalidated by the bankruptcy court under the Durrett Rule. However, the U.S. Supreme Court has largely overruled the Durrett Rule in the context of mortgage foreclosure sales, holding that the price received at a regularly conducted, noncollusive sale represents a reasonably equivalent value of the property, even if it is less than the property’s fair market value. This means that foreclosure sales are generally not subject to the Durrett Rule.
The Durrett Rule is a legal principle that states that a person who is in immediate danger of being seriously injured or killed has the right to use deadly force to defend themselves.
The Durrett Rule can be invoked when a person reasonably believes that they are in immediate danger of serious bodily harm or death and there is no other reasonable means to escape the situation.
No, the Durrett Rule applies specifically to situations where a person is facing imminent danger and needs to use deadly force to protect themselves. It does not apply to situations where there is no immediate threat.
Yes, the Durrett Rule can be used as a defence in a criminal trial if the defendant can prove that they reasonably believed they were in immediate danger and used deadly force as a last resort to protect themselves.
When determining if the Durrett Rule applies, factors such as the severity of the threat, the availability of alternative means of escape, and the reasonableness of the defendant’s belief that they were in immediate danger are taken into consideration.
No, the Durrett Rule only applies to the use of deadly force in self-defence against an imminent threat to a person’s life or safety. It does not justify the use of deadly force to protect property.
Yes, there are limitations to the Durrett Rule. It does not apply if the person using deadly force was the initial aggressor or if they had the opportunity to retreat to safety but chose not to do so.
Yes, the Durrett Rule can be invoked in cases of domestic violence if the person facing the threat reasonably believes that they are in immediate danger of serious bodily harm or death and there is no other reasonable means to escape the situation.
Yes, law enforcement officers can invoke the Durrett Rule if they reasonably believe that they are in immediate danger of serious bodily harm or death and there is no other reasonable means to protect themselves or others.
Yes, the Durrett Rule can be used as a defence in civil cases if the defendant can prove that they reasonably believed they were in immediate danger and used deadly force as a last resort to protect themselves. However, the standards of proof may differ in civil cases compared to criminal cases.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/durrett-rule/
- Modern Language Association (MLA):Durrett Rule. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/durrett-rule/.
- Chicago Manual of Style (CMS):Durrett Rule. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/durrett-rule/ (accessed: May 09 2024).
- American Psychological Association (APA):Durrett Rule. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/durrett-rule/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts