Legal Opinion
Balaber-Strauss v. Town of Harrison (In Re Murphy)
United States Bankruptcy Court, S.D. New York
Decided July 22, 2005No. 18-37041PublishedCited by 44 opinions
1Opinion of the Court
DECISION ON REAL PROPERTY TAX LAW FORFEITURE AS FRAUDULENT CONVEYANCE UNDER THE BANKRUPTCY CODE
ADLAI S. HARDIN, JR., Bankruptcy Judge.
Two important issues are presented here. First, may a duly conducted forfeiture of real property by a taxing authority under the New York Real Property Tax Law (the “R.P.T.L.”) for nonpayment of taxes without a public sale be avoided as a fraudulent conveyance pursuant to Sections 548 and 550 of the Bankruptcy Code? Second, may the quantum of such avoidance be limited to the amount required to pay creditors and administrative expenses of a debtor’s estate? This…
2Cases cited88 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
- Butner v. United StatesSupreme Court of the United States · 1979
83 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2012
- Adelphia Recovery Trust v. Bank of America, N.A.District Court, S.D. New York · 2008
- Slone v. Lassiter (In Re Grove-Merritt)United States Bankruptcy Court, S.D. Ohio · 2009
- Dobin v. Hill (In Re Hill)United States Bankruptcy Court, D. New Jersey · 2006
- Sears Petroleum & Transport Corporation v. Burgess Construction Services, Inc.District Court, D. Massachusetts · 2006
39 more not listed; retrieve them via the Exa API.