Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.
Small case is making big Third Circuit law on confirmation of chapter 11 plans.
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
State law overrides ‘significant policy concerns’ in Supreme Court decision.
Condos in New Jersey get better protection from the court than from the state legislature.