Legal Opinion
Wentworth v. Town of Acton (In Re Wentworth)
United States Bankruptcy Court, D. Connecticut
Decided May 18, 1998No. 19-50230PublishedCited by 17 opinions
1Opinion of the Court
RULING ON CROSSMOTIONS FOR SUMMARY JUDGMENT
ROBERT L. KRECHEVSKY, Bankruptcy Judge.
I
ISSUE
Before the court are cross-motions for summary judgment on the issue of whether a non-judicial strict foreclosure of a town tax lien (“the forfeiture procedure”) conducted pursuant to a state law may constitute an avoidable fraudulent transfer under Bankruptcy Code § 548 where there is a one to thirteen ratio between the amount of the tax lien and the value of the property. The co-plaintiffs are Theresa T. Wentworth, the debtor, and Neal Ossen, trustee of the debtors’ joint Chapter 7 estate (together, “the…
2Cases cited10 opinions
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- In the Matter of T.F. Stone Company, Inc., Debtor. T.F. Stone Company, Inc. v. Lucy Harper, County Treasurer of Bryan County, OklahomaCourt of Appeals for the Fifth Circuit · 1995
- McGrath v. Simon (In Re McGrath)United States Bankruptcy Court, D. New Jersey · 1994
- Lord v. Neumann (In Re Lord)United States Bankruptcy Court, E.D. Pennsylvania · 1995
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Balaber-Strauss v. Town of Harrison (In Re Murphy)United States Bankruptcy Court, S.D. New York · 2005
- Federal National Mortgage Ass'n v. Fitzgerald (In Re Fitzgerald)United States Bankruptcy Court, D. Connecticut · 1999
- Berley Associates, Ltd. v. Eckert (In re Berley Associates, Ltd.)United States Bankruptcy Court, D. New Jersey · 2013
- GGI Properties, LLC v. City of Millville (In re GGI Properties, LLC)United States Bankruptcy Court, D. New Jersey · 2017
- County of Clinton v. Warehouse At Van Buren Street, Inc.District Court, N.D. New York · 2013
12 more not listed; retrieve them via the Exa API.