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ABI Journal

Asset Sales

Constructive Notice Won’t Save a Sale Under 363(m) Absent Actual Notice, Seventh Circuit Says

To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.

Thursday, April 7, 2022
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Debtors Get Mortgage Interest Deduction They Didn’t Pay in a Short Sale

For those entitled to the mortgage interest deduction, debtors may have unexpected tax benefits from short sales.

Monday, March 7, 2022
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Friday, March 4, 2022
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Friday, March 4, 2022
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Water Rights Are a Property Interest that Can’t Be Sold Free and Clear of Disputes

Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).