The Third Circuit affirmed that because New Jersey’s tax foreclosure sales are not tied to the value of the property, the transfer of property worth more than what the purchaser would have received in a Chapter 7 distribution may be avoided as a preferential transfer. Hackler v. Arianna Holdings Company, LLC., No. 18-1650 (3rd Cir. Sept. 12, 2019). NCBRC filed an amicus brief in support of the debtors.
Frank and Dawn Hackler failed to pay taxes on their residence. The property was sold in a tax sale according to New Jersey tax foreclosure procedures under which the public bids only on the interest rate for the unpaid taxes with the property going to the lowest bidder. A tax purchaser won the bid, and then sold the property, valued at $335,000, to Arianna Holding Co. LLC. for $45,000. The Hacklers filed for Chapter 13 bankruptcy and the trustee sought to avoid the transfer to Arianna as a preferential transfer under section 547(b). The bankruptcy court granted the trustee’s motion and the district court affirmed (blogged here). Arianna appealed to the Third Circuit. [Read more…] about Property Purchased in Tax Sale for Less than Its Value Is Preferential Transfer