Bankruptcy Nonprofits

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Caveat Charities: Disgorging Donations as Fraudulent Transfers

The Bankruptcy Code permits a trustee to avoid transfers of property that a debtor has made within two years prior to its bankruptcy filing. In 1998, Congress added a safe-harbor provision for contributions to qualified...more

Charitable But Bankrupt

Over the last few years, bankruptcy has reared its head in venues one never thought possible. From churches to education and health organizations and, most recently to local government, in the form of Detroit’s filing, one...more

Assets Held by Charitable Organizations Are Safe From Claims of Creditors in Bankruptcy Cases . . . Or Are They?

A charity, fulfilling its charitable mission, is successful in raising money for a variety of worthy projects - rebuilding after a natural disaster, medical education and care, summer camp experiences for disadvantaged...more

Municipal Bankruptcies – Interview with Bill Kannel, Member, Mintz Levin [Video]

Attorney Bill Kannel, Member of Mintz Levin's Bankruptcy, Restructuring & Commercial Law Practice, discusses the prerequisites for municipalities looking to file Chapter 9 bankruptcy. ...more

Dual Track Auctions for Distressed Companies – Interview with Rich Moche, Member, Mintz Levin  [Video]

Attorney Rich Moche, Chair of Mintz Levin's Public Finance Practice, talks about an innovative approach to maximizing the value of a distressed asset....more

Global Insights - Issue 6, Q2 2013: News, Views and Analysis from DLA Piper’s Global Restructuring Group

In This Issue: - (UK) The Validity Of Exit Consents Under English Law - (UK) When A Charity Faces Financial Difficulty - (UK) Are You At Risk From Financial Distress In Your Supply Chain? - (Global Europe)...more

Unique aspects of sales involving nonprofit assets in bankruptcy

Sales of a debtor’s assets, either pursuant to section 363 of the Bankruptcy Code or through a confirmed chapter 11 plan of reorganization, have become increasingly common in recent years and are generally viewed as an...more

Credit Counseling: Obstacles to Innovation and Path to Consumer Empowerment

In this presentation: - Tax-Exemption Challenges - Bankruptcy Counseling Challenges - Consumer Protection Statutes - Excerpt from Presentation: How did we get here? - Federal and...more

Lehman Reaching Beyond the Grave

As widely reported, in the latest Lehman bankruptcy “fundraiser,” managers of the Lehman estate are now demanding millions of dollars from non-profit retirement homes, colleges and hospitals. Lehman claims that it was somehow...more

Restrictions on the Sale or Transfer of Assets of Not-for-Profit Debtors

Originally published in the New Jersey Law Journal - Vol. 211 - No 5 Monday, February 4, 2013. In 2012, a number of not-for-profit entities, including religious institutions, filed for bankruptcy relief in New Jersey....more

What the Local Government Center’s Reorganization Means to Communities (And Taxpayers)

This New Hampshire Public Radio Broadcast features Bernstein Shur Attorney Andru Volinsky. The on-going fight between the state of New Hampshire and one of the nation’s largest insurance risk pool managers is an...more

Pledges By Debtors To Nonprofits May Not Be Enforceable After Bankruptcy

Is a bankrupt pledgor legally bound to fulfill its promise to pledge a gift; or will a nonprofit have a successful claim against a pledgor if there is a subsequent failure to make payment because of a bankruptcy filing? A...more

Public Service Loan Forgiveness

The Public Service Loan Forgiveness (PSLF) Program discharges any remaining debt after 10 years of full-time employment in public service. The borrower must have made 120 payments as part of the Direct Loan program in order...more

Health Law Alert: Five Things Directors of Nonprofit Health Care Providers Can Learn from Lemington Home

Recently, a federal appeals court in In re Lemington Home for the Aged revived claims brought by unsecured creditors against the directors and officers (D&Os) of the insolvent Lemington Home for the Aged when it reversed a...more

Nonprofit Strategic Partnerships: Building Successful Ones and Avoiding the Legal Traps

Overview * Joint Activities – Joint Programs – By Contract – Subsidiary Entities – More Complex • LLCs • Corporations * Promotional and Fundraising Affiliations – Corporate...more

IRS Denies 501(c)(3) Status to Bankruptcy Counseling Agency

On April 29, 2011, the Internal Revenue Service (“IRS”) issued Private Letter Ruling (“PLR”) 201117036 denying a nonprofit credit counseling agency (“CCA”) tax-exempt status under Section 501(c)(3) of the Internal Revenue...more

Memo written by Judge Jenneman from Middle District of FL Bankruptcy Court

UST filed Motion to Disgorge Fees in Ch 7 (Middle District of Florida, Orlando). Hearing was held and attached is Memo which accompanied Judge Jenneman's ruling denying the UST's Motion. There was a third case in front of...more

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