From the Editor – Avoidance Actions

- May 4, 2014

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By The Honorable William Houston Brown (Retired)

Chapter 13 debtors had authority to bring avoidance action. Applying §§ 522(g) and (h), the debtors could pursue avoidance of a prebankruptcy tax sale under § 548, with the court concluding that “reasonably equivalent value” could not be ascertained from a tax foreclosure sale under applicable New Jersey law, distinguishing BFP v. Resolution Trust Corp., 511 U.S. 531 (1994). Here, the tax debt was $36,000 and the property value was at least $100,000 more than the debt. Matter of Varquez, 502 B.R . . .

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