Meggie Chen co-wrote an article for the October issue of the American Bankruptcy Institute’s ABI Journal analyzing the fallout and potential impact of the Supreme Court’s June decision in Pung v. Isabella County, where the majority held that “the constitutional measure of just compensation in a tax foreclosure sale is the auction price, not the property’s fair market value, provided the sale is fairly conducted.”

But Justice Clarence Thomas’s concurrence leaves “real room to litigate whether a given sale was ‘fairly conducted,’” she writes, adding the issue could be back before the high court after “percolating in both state and federal courts.” 

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