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Vol 12, Num 1 l March 2015

Technology and Intellectual Property

► In This Issue:

In Rem Tax Foreclosures Can Be Avoided as Constructively Fraudulent Transfers


Brandon J. Tittle
Reid Collins & Tsai LLP

Add the Western District of New York to those courts holding that in rem tax foreclosures are not presumed to provide reasonably equivalent value to a debtor. In Canandaigua Land Development LLC v. County of Ontario (In re Canandaigua Land Dev. LLC), 521 B.R. 457 (Bankr. W.D.N.Y. 2014), the court granted summary judgment for a debtor whose land had been foreclosed for tax arrearages, holding that the in rem foreclosure was a constructively fraudulent transfer and ordering the county to convey the foreclosed land back to the debtor. In doing so, the court joined the majority of jurisdictions in recognizing that the policy considerations inherent in the Bankruptcy Code trump states’ interests in enforcing unpaid tax obligations through foreclosures.
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Why Come to the ABI Annual Spring Meeting?

The Bankruptcy Taxation Committee will be teaming up with the Young & New Members and Business Reorganization committees at this year’s Annual Spring Meeting to discuss new requirements for tax sharing agreements and how they impact banks and holding companies. Speakers for this panel include Richard J. Corbi ​of the U.S. Bankruptcy Court, Eastern District of New York; Brooklyn; Jeffrey Schmitt of the Federal Deposit Insurance Corporation in Washington, D.C.; Todd Meyers of Kilpatrick Townsend & Stockton LLP in Atlanta; and Whitman Holt of Klee, Tuchin, Bogdanoff & Stern LLP in Los Angeles.

Join us on April 16 at the Renaissance Washington D.C.!

In the video above, James Markus (Markus Williams Young & Zimmermann, LLC; Denver) and James Patrick Shea (Armstrong Teasdale LLP; Las Vegas) make the case for attending this year’s Annual Spring Meeting.

Have You Visited the New Yet?


In early 2015, ABI introduced a new flagship website,, to continue to deliver better services and online resources for members to meet their professional needs. The new website provides a cleaner, more user-friendly interface for members to find the latest information on bankruptcy news and developments, register for ABI events and access other member resources. The membership directory is all new as well, complete with your photo and a enhanced listings of your experience and ABI activity. To update your member profile, click here (login required).

Should you have any questions or difficulty using the site, please go to to seek assistance.

April 16-19, 2015 American Bankruptcy Institute 33rd Annual Spring Meeting


NYC Bankruptcy Conference - May 14, 2015

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