Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.
On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
BAP says the Tenth Circuit adopts legal fictions to create preferences.