From the Editor – Avoidance

By The Honorable William Houston Brown (Retired)

Tax foreclosure sale avoided as preference. Affirming the District and Bankruptcy Courts, at 571 B.R. 662 and 588 B.R. 394, the Third Circuit held that the Chapter 13 debtors could avoid a pre-petition tax foreclosure sale as a preferential transfer. The township held a properly noticed tax sale at public auction, which resulted in bidding “only on the rate of interest on the unpaid taxes,” and the redemption amount on the winning bidder’s tax lien certificate—“the amount the property owner must pay to recover . . .

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