Balaber-Strauss v. Town of Harrison (In Re Murphy)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• determining that New York tax forfeiture law does not provide the protections and competitive bidding that BFP required before finding appropriate a presumption of reasonably equivalent value
• questioning whether value can be \reasonably equivalent\ when there are \no market forces at work at all\
• “A claim of constructive fraud [under section 548(a)(1)(B)] does not require misconduct or bad intent....”
• “[A]voidance action[s] . . . may not be pursued if it would only benefit the debtor.”
• “The Bankruptcy Code affords taxing authorities no exception, and a taxing authority is bound by the Bankruptcy Code to the same extent as any other creditor.”
• “[a] tax sale is not a taking for a public purpose because such sale is pursu- ant to the state’s taxing power and not its power of eminent domain”

Source: CourtListener parenthetical corpus (CC0).