Avoidance of Foreclosure Sales as Fraudulent Transfers under Section 548(a) of the Bankruptcy Code: An Impetus to Changing State Foreclosure Procedures

This article reviews the applicable federal bankruptcy statutes pertinent to the controversy caused by some federal courts that have applied principles developed in bankruptcy law concerning fraudulent conveyances to invalidate and avoid certain foreclosure sales conducted within one year of the date of the debtor's subsequent filing of a petition in bankruptcy, and it examines the development of case law and the historical evolution of fraudulent conveyance law. Secondly, this article explores the policy implications involved in avoiding foreclosure sales and demonstrates the ease with which certain foreclosure procedures might be reformed.