Foreclosure Sale is Not a Bankruptcy Preference

Great opinion by Laurel Isicoff, Chief Judge of Southern District Bankruptcy Court in Florida. In short, Judge Isicoff explains a foreclosure sale is not a preference because the transfer (the foreclosure sale) is not on account of an antecedent debt, i.e., the credit bid is a “purchase” by the lender. See the opinion in Nunez, Case No. 21-14815 and Adversary Case No. 21-01157

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