Tag Archives: fraudulent conveyance

Property Tax Foreclosure: Tax Authority May Have to Pay for Equity in Property

Clinton County Treasurer v. Wolinsky, 511 B.R. 34 (N.D.N.Y. 2014) – A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county. The bankruptcy court agreed that the … Continue reading

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Affiliate Transfer: Fraudulent Conveyance or Unwinding Resulting Trust?

Anderson v. Architectural Glass Constr., Inc. (In re Pfister), 749 F.3d 294 (4th Cir. 2014) – A chapter 7 trustee sought to set aside as a a debtor’s transfer of her interest in property held jointly with her husband to her … Continue reading

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Fraudulent Transfer: How Can A Warehouse Lender Qualify For The Good Faith Exception?

Gold v. First Tennessee Bank Nat’l Ass’n (In re Taneja), 743 F.3d 423 (4th Cir. 2014) – A liquidating trustee under a plan of reorganization sought to recover 12 payments totaling ~$4 million made by the debtor–mortgage broker to a bank … Continue reading

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Delinquent Property Tax Sales (Again): “Reasonably Equivalent Value” – No Way, No How

County of Clinton v. Warehouse at Van Buren Street, Inc., 492 B.R. 278 (N.D.N.Y. 2013) – A chapter 11 debtor sought to recover real estate that was transferred prepetition to the county following the debtor’s default in a property tax foreclosure proceeding.  … Continue reading

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Delinquent Property Taxes: Beware the Risk of Tax Deeds

Smith v. SIPI, LLC (In re Smith), 501 B.R. 843 (Bankr. N.D. Ill. 2013) – Chapter 13 debtors (the Smiths) lost their residential property in a pre-petition delinquent property tax sale.  The tax sale purchaser (SIPI) resold the property to a … Continue reading

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LLC Member: Is a Pre-Bankruptcy Expulsion Vulnerable to Attack?

Garcia v. Garcia (In re Garcia), 494 B.R. 799 (Bankr. E.D. N.Y. 2013) – Prior to bankruptcy, a chapter 11 debtor who had been a member of two limited liability companies was expelled by the other members on the basis that he … Continue reading

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