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Forced Sales

Kaufman & Canoles

Chelsea Takeover Completed

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As discussed in previous posts, the purchase of Chelsea F.C. required approval from not only the Premier League but the U.K. government as Roman Abramovich, the selling owner of Chelsea F.C., is subject to the sanctions...more

Fox Rothschild LLP

Not all Forced-Sale Mortgage Foreclosures are Exempt from Avoidance as Fraudulent Transfers Under Section 548 – a Case Study...

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The United States Supreme Court held in BFP v. Resolution Trust, that properties sold at “force-sale” mortgage foreclosure sales properly conducted pursuant to a state’s foreclosure statute are presumed to have been sold for...more

Patton Sullivan Brodehl LLP

A Trustee’s Sale Says Nothing About a Property’s “Fair Market Value”

Under California’s Revenue and Taxation Code, the purchase price of real property usually creates a rebuttable presumption regarding the property’s “fair market value.”  However, for that presumption to apply, the sale must...more

Jones Day

Returns Count as Sales under Section 337

Jones Day on

From a conceptual standpoint, one might think there is a difference between selling an item and charging for a leased item that was never returned. However, a recent decision from the ITC held that charging fees for...more

Farrell Fritz, P.C.

Paying The Estate Tax

Farrell Fritz, P.C. on

An Unreasonable Burden? One of the reasons often given in support of the elimination of the estate tax is the economic burden it imposes upon the closely-held business; specifically, the requirement that the 40% federal...more

Zuckerman Spaeder LLP

Beware the Deadlock: Delaware Courts Step in on Corporate Dysfunction

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The board of directors controls a corporation, but individual directors don’t always agree on the future direction of the company. Sometimes, boards can split into factions. A company’s CEO may align himself with one side and...more

Proskauer - Minding Your Business

Kazakhstan Ordered to Pay $506 Million for Crude Expropriation of Oil and Gas Investments

In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016, upheld a $506 million award against...more

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