Tag Archives: avoidance action

Disallowed Claims and Lien Stripping: Plain English May Not Be Sufficient to Win the Day

Kohout v. Nationstar Mortgage, LLC, 576 B.R. 290 (N.D.N.Y. 2017) – Chapter 13 debtors sought to avoid a mortgage lien after the claim was disallowed on procedural grounds. The bankruptcy court found in favor of the mortgagee and the debtors appealed … Continue reading

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Resale Profit Participation: Beware – Payments May Be Avoidable as Preferences

Kane v. Coulson (In re Price), 575 B.R. 461 (Bankr. D. Haw. 2017) – A chapter 7 trustee sought to recover as a preference the transfer of proceeds from a sale of the debtor’s real estate under a profit sharing agreement. … Continue reading

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Abandonment: What Does It Take to Show Substantial Value?

Gill v. Kirresh (In re Gill), 574 B.R. 709 (9th Cir. BAP 2017) – A debtor moved to compel a chapter 7 trustee to abandon residential property on the basis that it was of inconsequential value to the bankruptcy estate. The … Continue reading

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Sovereign Immunity: Still Plenty of Room for Argument When You Try to Recover From the Government

Zazzali v. United States (In re DBSI, Inc.), 869 F.3d 1004 (9th Cir. 2017) – A chapter 11 trustee sought to recover a debtor’s prepetition tax payments to the federal government on the grounds that they were fraudulent transfers. The government … Continue reading

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Statutory Liens: May Not Necessarily Be Unassailable

Los Angeles County Treasurer v. Mainline Equipment, Inc. (In re Mainline Equipment, Inc.), 865 F.3d 1179 (9th Cir. 2017) – A Chapter 11 debtor sought to avoid a county’s prepetition personal property tax liens pursuant to section 545 of the Bankruptcy … Continue reading

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Federal Tax Liens: Be on the Lookout for Tax Lien Notices – Perfection and Priority Can Be Tricky

In re Aquatic Pools, Inc., 567 B.R. 376 (Bankr. D. N.M. 2017) – The IRS filed a proof of claim that included unpaid taxes, prepetition penalties and prepetition interest. The chapter 11 debtor objected to the IRS’ proof of claim … Continue reading

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“Duly Acknowledged” Is Not Enough: Play It Again Sam

James B. Nutter & Co. v. DeGiacomo (In re Reznikov), 567 B.R. 239 (D. Mass. 2017) – A chapter 7 trustee sought to avoid a mortgage – alleging that there was a defective acknowledgment certificate based on a failure to state … Continue reading

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