News & Analysis as of

Moratorium

Jenner & Block

Client Alert: Federal Circuit Issues Important Takings Decision on Eviction Moratorium

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In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their...more

Cadwalader, Wickersham & Taft LLP

Stay Just a Little Bit Longer: Not Jackson Browne but the Statute of Limitations

The Second Department recently held  in Trento 67, LLC v. OneWest Bank, N.A., et. al  that the FHA COVID-19 moratorium constituted a stay of foreclosures for federally-backed mortgages, and thus tolled the statute of...more

Paul Hastings LLP

The Legal 500’s Restructuring & Insolvency Comparative Guide

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Our London Financial Restructuring team authored the UK chapter of the 8th Edition of The Legal 500’s “Restructuring & Insolvency Comparative Guide". The guide provides information on the current issues affecting...more

Orrick, Herrington & Sutcliffe LLP

VA announces its targeted foreclosure moratorium on VA loans

On May 29, the VA announced a targeted foreclosure moratorium on VA-guaranteed loans, which will give servicers time to implement the Veterans Affairs Servicing Purchase (VASP) program. Servicers can implement the VASP...more

Fox Rothschild LLP

Why Some Taxpayers With Unprocessed ERC Claims Should Consider Filing a Refund Lawsuit

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With the IRS showing no sign of lifting its moratorium on processing Employee Retention Tax Credit (ERC) claims filed after September 14, 2023, businesses whose unpaid, legitimate ERC claims are older than six months should...more

Troutman Pepper

VA Announces “Targeted Foreclosure Moratorium” on VA Loans Through December 31, 2024

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On May 29, the Department of Veterans Affairs (VA) announced a targeted foreclosure moratorium on VA-guaranteed loans intended to allow servicers sufficient time to implement the Veterans Affairs Servicing Purchase (VASP)...more

ArentFox Schiff

PHL Variable Insurance Company Placed into Rehabilitation in Connecticut

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PHL Variable Insurance Company (PHL) and its subsidiaries, Concord Re, Inc. and Palisado Re, Inc., have been placed into rehabilitation as of May 20, by order of the Superior Court of the State of Connecticut, Judicial...more

King & Spalding

The 2024 UAE Financial Restructuring and Bankruptcy Law: What is New?

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On 31 October 2023, Federal Law Decree No. (51) concerning Financial Restructuring and Bankruptcy (the New Law) was published in the UAE Federal Gazette. The New Law comes into force on 1 May 2024 and will repeal the 2016 Law...more

Rosenberg Martin Greenberg LLP

Maryland Appellate Court Addresses Obligation of Tenant Shut Down By COVID Order To Pay Rent

Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more

Gray Reed

ERC Claims on Hold While IRS Figures Out What it Thinks is Real

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The IRS recently issued a press release regarding its “continuous efforts to combat dubious Employee Retention Credit (ERC) claims” to announce an initial round of over 20,000 notification letters of disallowed ERC claims....more

Freiberger Haber LLP

The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action

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Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more

Ballard Spahr LLP

VA Urges Servicers to Implement Foreclosure Moratorium on VA Loans

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The U.S. Department of Veterans Affairs (VA) recently issued Circular 26-23-25 in which VA “is strongly encouraging a foreclosure moratorium on all VA-guaranteed loans through May 31, 2024.” Additionally, VA “urges servicers...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in India (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER INDIAN LAW - The Code: Introduction of a comprehensive insolvency and bankruptcy law in India is a recent event, with introduction of the Insolvency...more

ArentFox Schiff

Can You Take Me Back? IRS Unveils Employee Retention Credit Withdrawal Program

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As we discussed in our September 25 publishing, Everybody’s Got Something to Hide Except Me and My Monkey: IRS Issues Moratorium on Processing New Employee Retention Credit Claims, the IRS previously stated that it was...more

Holland & Knight LLP

Florida Law Increases Permit Extensions, Makes Changes Regarding Natural Emergencies

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Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

IRS Places Moratorium on New Employee Retention Tax Credit Processing

On September 14, 2023, the Internal Revenue Service (IRS) released Employee Retention Credit (ERC) guidance placing a moratorium on processing new ERC claims due to a surge in questionable claim submissions. Claims already...more

ArentFox Schiff

Everybody’s Got Something to Hide Except Me and My Monkey: IRS Issues Moratorium on Processing New Employee Retention Credit...

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The IRS has announced an immediate moratorium on the processing of new employee retention credit claims and warns taxpayers of aggressive promoters and marketers “hustling to get a hefty contingency fee.” On September 14,...more

Woods Rogers

IRS Imposes Moratorium on Employee Retention Credit

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Just a month after the Internal Revenue Service (IRS) released guidance on how federal credit unions may claim the employee retention credit (ERC), the agency issued a moratorium on processing new claims for the credit. The...more

Lowndes

Too Good To Last? IRS Halts Processing of ERC Claims

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While not as well-known as the Paycheck Protection Program, the Employee Retention Credit (“ERC”) program was another form of Covid relief provided by the federal government to businesses in 2020 and 2021. The ERC program...more

Gray Reed

IRS Imposes Immediate Moratorium on Employee Retention Credit (ERC) Claims

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For some time, the IRS has cautioned taxpayers about filing false or fraudulent ERC claims.  More recently, on September 14, 2023, the IRS issued a News Release, IR-2023-169, indicating that it would no longer process ERC...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: COVID

This week, the Ninth Circuit considers whether COVID-testing providers have a private right of action for reimbursement and considers a landlord’s standing to challenge a COVID-related eviction moratorium. SALOOJAS, INC....more

Holland & Knight LLP

SBA Extends Moratorium on Bona Fide Office Requirements for 8(a) Construction Contracts

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The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business...more

Dorsey & Whitney LLP

New Minnesota Health Care Transaction Oversight Law Imposes Additional Requirements on Nonprofit Health Care Entities

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On May 26, 2023, the Governor of Minnesota signed into law Minnesota bill HF 402 to increase government oversight of health care transactions that occur in Minnesota or involve Minnesota-based health care entities....more

Orrick, Herrington & Sutcliffe LLP

SBA creates new SBLC category and ends moratorium

On April 12, the SBA published a final rule in the Federal Register lifting the moratorium on licensing new nondepository small business lending companies (SBLCs) and adding a new type of entity called a “Community Advantage...more

Greenberg Glusker LLP

Extended and Permanent Renter Protections Enacted in Los Angeles: What Landlords and Tenants Need to Know

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On Monday, April 3, 2023, the Los Angeles Mayor’s Office issued a notice extending certain residential renter protections related to the COVID-19 pandemic that were slated to end upon the expiration of the LA County Eviction...more

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