The firm successfully represented grantee at tax foreclosure sale against motion by Chapter 7 liquidating trustee to vacate deed as violative of the automatic stay. Chapter 7 trustee claimed the property had been fraudulently transferred to a third-party prior to the petition date. Since the trustee had not actually recovered the property on behalf of the debtor as of the petition date, the property was not then part of the debtor’s estate. Consequently the automatic stay effective as of the petition date did not stay the tax foreclosure sale occurring after the petition date. Moreover, since the tax foreclosure was not an action to recover a debt against the debtor, the sale was not stayed.

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