Recently, the Third Circuit, in In re Hackler and Stelzle-Hackler, 938 F.3d 473 (3d Cir. 2019), analyzed whether a “transfer” caused by a tax lien foreclosure sale violated the Bankruptcy Code’s preference statute such that it could be avoided. The Third Circuit in Hackler determined that such a sale could be avoided. Some other courts disagree.
November 23, 2020 Articles
When Can a Preference Action Brought under Federal Law Reverse a State Law Tax Foreclosure Sale?
Synopsis and implications of the Third Circuit’s decision in Hackler.
By Bob L. Olson and Benjamin W. Reeves
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