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    5th Cir. Holds Tax Buyers Not Subject to TILA
    2016-06-02

    The U.S. Court of Appeals for the Fifth Circuit recently held that a transfer of a tax lien to a tax buyer under Texas law does not constitute an extension of credit that is subject to the federal Truth in Lending Act (TILA).

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Real Estate, Tax, Maurice Wutscher LLP, Property tax, Debt, Tax lien, Consumer Financial Protection Bureau (USA), Truth in Lending Act 1968 (USA), Fifth Circuit
    Authors:
    Eric Rosenkoetter
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Junior lien holder bankruptcy can stay the foreclosure of a senior lien
    2011-06-07

    The second priority lien held by a junior lien holder is a property interest sufficient to trigger the protection of the automatic stay.In re Three Strokes L.P., 379 B.R. 804 (Bankr. N.D. Tex. 2008). Inasmuch as a senior lien holder’s foreclosure proceedings would have the effect of extinguishing the debtor’s second lien interest, a court may only lift the stay and permit the foreclosure to proceed upon such senior lien holder’s showing of adequate protection.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Seyfarth Shaw LLP, Bankruptcy, Debtor, Interest, Mortgage loan, Foreclosure, Deed, Default (finance), Deed of trust (real estate), Tax lien, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Seventh Circuit gives mortgage lender's security interest in future rental income priority over federal tax lien
    2011-06-06

    The Seventh Circuit recently decided that a mortgage that assigns future rental income to the mortgagee creates a security interest that takes priority over a federal tax lien.  Bloomfield State Bank v. United States, No.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Debtor, Unsecured debt, Interest, Mortgage loan, Default (finance), Tax lien, Internal Revenue Service (USA), Internal Revenue Code (USA), United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Delinquent property tax collection: dancing around the automatic stay
    2015-01-06

    In re Killmer, 513 B.R. 41 (Bankr. S.D.N.Y. 2014) –

    After reopening a bankruptcy case, a mortgagee moved for a determination that a post-petition delinquent property tax sale was void because it was held in violation of the automatic stay.  In response, the tax authority requested retroactive annulment of the stay.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Property tax, Tax lien
    Location:
    USA
    Firm:
    Troutman Pepper
    In re: Restivo Auto Body, Inc. - 4th Circuit rules executed but unrecorded security interest has priority over IRS tax lien
    2014-11-21

    On October 31, 2014, the U.S. Court of Appeals for the 4th Circuit interpreted Maryland law in ruling that a bank’s security interest in a Chapter 11 debtor’s property created by a deed of trust that was executed before, but recorded after, the Internal Revenue Service filed a tax lien, had priority over the tax lien.

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, McGuireWoods LLP, Capital punishment, Deed of trust (real estate), Tax lien, Internal Revenue Service (USA)
    Authors:
    James E. Van Horn , Lauren A. Ford
    Location:
    USA
    Firm:
    McGuireWoods LLP
    New Jersey Tax Sale Law gives purchaser of a tax sale certificate a tax lien on the underlying property
    2014-06-30

    The New Jersey Supreme Court, in In re: Princeton Office Park, L.P. v. Plymouth Park Tax Services, LLC, determined that under the Tax Sale Law, N.J.S.A. §§ 54:5-1 to -137, a purchaser of a tax sale certificate acquires a tax lien, not a lien securing the property owner's obligation to pay the amount owing to redeem the certificate.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Tax, Duane Morris LLP, Tax lien, New Jersey Supreme Court
    Authors:
    George J. Kroculick
    Location:
    USA
    Firm:
    Duane Morris LLP
    Lenders should consider suggesting bankruptcy to borrowers following the sale of delinquent taxes on a principal residence
    2014-01-31

    The Seventh Circuit Court of Appeals recently held that a plan under chapter 13 of the Bankruptcy Code can modify the rights of a purchaser of delinquent real estate taxes on a debtor’s home by providing for payment of those taxes over time rather than in a lump sum. See In re LaMont (No. 13-1187, 7th Cir. January 7, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Dykema Gossett PLLC, Bankruptcy, Debtor, Mortgage loan, Deed, Tax lien
    Authors:
    Richard M. Bendix, Jr.
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    It’s called "adequate" – not "automatic" – protection
    2013-09-12

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Collateral (finance), Legal burden of proof, Tax lien, Bankruptcy Appellate Panel
    Authors:
    Shai Schmidt
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Delinquent property tax collection: foreclosure may be vulnerable
    2012-09-25

    Williams v. City of Milwaukee City Clerk (In re Williams), 473 B.R. 307 (Bankr. E.D. Wis. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Property tax, Mortgage loan, Foreclosure, Fair market value, Tax lien
    Location:
    USA
    Firm:
    Troutman Pepper
    Estate of Badii ex rel. Badii v. Metropolitan Hospice, Inc., C.A. No. 6192-VCP (Del. Ch. Mar. 12, 2012) (Parsons, V.C.)
    2012-03-12

    In this memorandum opinion, the Court of Chancery appointed a receiver for an insolvent corporation deadlocked over how to discharge a tax lien.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Tax, Potter Anderson & Corroon LLP, Shareholder, Interest, Tax lien
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP

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