ARTICLE
22 January 2016

Smith v. SIPI, LLC (In Re Smith)

SK
Stoll Keenon Ogden PLLC

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In boardrooms and courtrooms, Stoll Keenon Ogden PLLC provides strategic legal counsel to clients in the Midwestern United States, across the country and around the world. Our attorneys are recognized among the best in their fields by Martindale-Hubbell, Best Lawyers in America and Benchmark Litigation. We build client relationships for the long haul, because succeeding at business is a marathon, not a sprint.
The Seventh Circuit reverses the district court and affirms the bankruptcy court, holding that a tax sale under Illinois's interest rate auction system does not necessarily establish a transfer...
United States Insolvency/Bankruptcy/Re-Structuring
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(7th Cir. Jan. 20, 2016)

The Seventh Circuit reverses the district court and affirms the bankruptcy court, holding that a tax sale under Illinois's interest rate auction system does not necessarily establish a transfer for reasonably equivalent value under 11 U.S.C. § 548(a)(1)(B). Thus, property sold under such system can still be considered fraudulently conveyed. Under this Illinois system, the winning bid amount bears no relationship to the value of the underlying real estate because the lowest bid wins (i.e., bidders bid how little money they are willing to accept in return for payment of the owner's delinquent taxes). Opinion below.

2016-01-20 – in re smith

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ARTICLE
22 January 2016

Smith v. SIPI, LLC (In Re Smith)

United States Insolvency/Bankruptcy/Re-Structuring

Contributor

In boardrooms and courtrooms, Stoll Keenon Ogden PLLC provides strategic legal counsel to clients in the Midwestern United States, across the country and around the world. Our attorneys are recognized among the best in their fields by Martindale-Hubbell, Best Lawyers in America and Benchmark Litigation. We build client relationships for the long haul, because succeeding at business is a marathon, not a sprint.
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