Tag Archives: property taxes

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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Proof Of Claim: Get Too Aggressive And Your Proof May Go Poof

In re Princeton Office Park, L.P., 504 B.R. 382 (Bankr. D. N.J. 2014) – Initially the bankruptcy court allowed the claim of a tax sale certificate purchaser. However, on reconsideration the court held that the purchaser forfeited the entire claim … 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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Property Tax Interest Rate: Does “Nonbankruptcy Law” Include Law Specifically Limited to Bankruptcy?

In re Fowler, 493 B.R. 148 (Bankr. E.D. Cal. 2012) – A chapter 13 debtor had two secured creditors:  a bank that held a deed of trust on the debtor’s residence, and a county that had a lien on the residence … Continue reading

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Delinquent Property Tax Foreclosure: Is There “Reasonably Equivalent Value” or Not?

City of Milwaukee v. Gillespie, 47 B.R. 916 (E.D. Wis. 2013) – Under Wisconsin’s strict tax foreclosure procedure, a tax authority can obtain property in satisfaction of a delinquent property tax bill without any public sale or other competitive bidding.  Gillespie … Continue reading

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