Takeaways from the RE tax foreclosure decision of 6th Circ.

By Scott Bernstein (January 25, 2022, 6:00 PM EST) – A first impression case before the United States Court of Appeals for the Sixth Circuit – Lowry v. Southfield Neighborhood Revitalization Initiative[1] — answered two questions.

The first is whether article 548 of the Bankruptcy Code,[2] which helps to avoid and recover suspected fraudulent transfers in which the transferee has not received a reasonably equivalent value for the property transferred and the transferor was insolvent on the date of the transfer or rendered insolvent by the transfer, may be used to establish a tax seizure.

The second is whether the 1994 decision of the United States Supreme Court in BFP v….

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