Section 102: This section seeks to affirm and reinforce the authority of the court to scrutinize transactions that move assets "off book" by permitting the court to look through the formalities of "sale" to determine whether, in fact, the transaction was a disguised loan against corporate assets. Once the transaction is seen for what it really is, the assets can be brought back into the estate for distribution to creditors, employees and retirees.
\Section 103: Upgrades the status of the trustee in bankruptcy from that of a lien creditor to that of a "good faith reliance purchaser for value." This section restores to trustees in bankruptcy the ability to review and set aside suspect transactions which they enjoyed as lien creditors under Article 9 of the Uniform Commercial Code prior to the UCC amendments that became effective on January 1, 2002.
