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RDW Analysis of Supreme Court Argument: Can Real Estate Tax Foreclosure Violate the Takings Clause?

Submitted by jhartgen@abi.org on

To resolve a split of circuits, the Supreme Court heard oral argument in Tyler v. Hennepin County to decide whether a real estate tax foreclosure violates the Takings Clause of the Fifth Amendment when a municipality takes title but doesn’t give the owner the difference between the unpaid taxes and the value of the property. Oral argument on April 26 was the last argument of the term that began in October. Given the significance of the case in terms of constitutional law, the Court allowed almost two hours for argument. The Court will hand down a decision before the term ends in late June. The decision in Tyler may (or may not) resolve a long-standing circuit split on the question of whether a tax foreclosure can be attacked in bankruptcy as a fraudulent transfer.​​​​

Cincinnati Real Estate Developer Ray Schneider Files for Bankruptcy

Submitted by jhartgen@abi.org on

Cincinnati developer Ray Schneider has filed bankruptcy, and one of the creditors Schneider is engaged in other litigation with is asking for a court-appointed trustee on the matter, the Cincinnati Business Courier reported. Schneider, the president of Circle Development, filed for chapter 11 bankruptcy on March 2 in the U.S. Bankruptcy Court for the Southern District of Ohio, claiming between $10 million and $50 million in assets in a court filing. He also claimed between $100 million and $500 million in liabilities. In a court document listing the 20 largest claims and creditors that Schneider owes, claims totaled more than $177 million, with an additional unsecured claim of over $7.2 million. Circle Development is the eighth-largest commercial real estate development group in Greater Cincinnati, according to Business Courier research. It had 1.36 million square feet of locally owned and developed property in its portfolio in 2022.