News & Analysis as of

Chapter 13 Property Tax

Miller Canfield

Michigan Tax Foreclosures in Bankruptcy - An Auction and a Right to Claim Surplus Proceeds Insulates Against Challenge as a...

Miller Canfield on

In January, Miller Canfield reported on Lowry v. Southfield Neighborhood Revitalization Initiative (In re Lowry), an opinion from the Sixth Circuit Court of Appeals. Lowry held that a taxpayer in bankruptcy could challenge a...more

Cole Schotz

Third Circuit Decision Is A Cautionary Tale About The “Security” Of Tax Lien – Certificate Holders’ Security In Bankruptcy

Cole Schotz on

Tax lien certificates are a marketable commodity in several jurisdictions, including New Jersey. The Third Circuit’s recent decision in In re Hackler v. Arianna Holdings Company, LLC, No. 18-1650, __ F.3d __, 2019 2019 WL...more

Troutman Pepper

Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Troutman Pepper on

Marcum v. Marcum (In re Marcum), 508 B.R. 499 (Bankr. M.D. Fla. 2014) – A creditor made two prepetition loans to a chapter 13 debtor for payment of delinquent real estate taxes. The loans were supposed to be secured by...more

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