News & Analysis as of

Chapter 11 Tax Liability

Rivkin Radler LLP

Debtor Corp’s S Election: “Property” in Bankruptcy?

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Uncertain Future- The Congressional Budget Office (“CBO”) recently released some data for the federal government’s 2023 fiscal year. According to the CBO, the federal budget deficit for the year was $1.7 trillion, or...more

Freeman Law

Tax Court in Brief | Cochran v. Comm’r | Tax Court Proceeding and Automatic Stay in Bankruptcy

Freeman Law on

Tax Litigation:  The Week of October 10th, 2022, through October 14th, 2022 Scheider v. Comm’r, T.C. Memo. 2022-104 | October 11, 2022 | Urda, J. | Dkt. No. 4048-20 Clark Raymond & Company, PLLC v. Comm’r, T.C. Memo. 2022-105...more

Arnall Golden Gregory LLP

Restructuring Roundup - May 2022

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Freeman Law

Recent Tax Court Case: Unassessed Taxes are Not Discharged in Bankruptcy

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A recent Tax Court opinion demonstrates the complexities involved when a taxpayer attempts to discharge tax liabilities through bankruptcy proceedings. The case emphasizes the need for an attorney knowledgeable in both tax...more

McGlinchey Stafford

Straddle-Year Tax Debts in Bankruptcy: Does the King Get Paid First? [More with McGlinchey, Ep. 14]

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The Internal Revenue Service is often a significant creditor in a bankruptcy proceeding, frequently taking priority over other creditors. In this episode, McGlinchey Tax attorney Douglas Charnas (Washington, DC) and Financial...more

Hogan Lovells

[Webinar] Things you should know: Mexican insolvency proceedings and their recognition in the U.S. - June 10th, 12:00 pm - 1:00 pm...

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Join Hogan Lovells Finance and Litigation and Employment practice groups on Wednesday, 10 June for a webinar on Mexican insolvency proceedings. Program topics will include: - Automatic stay and provisional relief. -...more

Jones Day

Resurgence of Bifurcation Approach to Priority of Straddle Year Taxes in Bankruptcy

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A basic tenet of bankruptcy law, premised on the legal separateness of a debtor prior to filing for bankruptcy and the estate created upon a bankruptcy filing, is that prepetition debts are generally treated differently than...more

Gray Reed

Your Shuttered Business: Bankrupt It, Dissolve It or Walk Away?

Gray Reed on

After reluctantly shuttering her family owned Widgets-R-Us last month due to insufficient profits to pay even the secured debt, Susie Sears is now dealing with disbelieving unsecured creditors. What should she do?...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Chalk one up for big Carl (and Darwin).  Xerox announced this weekend that it’s bowing to Icahn’s pressures and ending its $6.1 billion combination with Fuji....more

JD Supra Perspectives

How One Attorney Leveraged Experience to Overcome Millions of Dollars in Tax Claims - Quick Take Q&A

JD Supra Perspectives on

Q&A with Roger Cukras, partner with law firm Ingram Yuzek Gainen Carroll & Bertolotti LLP, on how he achieved great results for a client facing millions of dollars in tax claims....more

Kramer Levin Naftalis & Frankel LLP

IRS Can Pursue “Responsible Persons” for Unpaid Trust Fund Taxes and Automatic Stay Cannot Be Used to Enjoin Collection Against...

The Puerto Rico Bankruptcy Court followed the Third Circuit in holding that the Anti-Injunction Act, which prohibits suits to restrain the assessment or collection of any tax, is not superseded by section 105(a) of the...more

Dechert LLP

Secured Creditors in Section 363 Sales Be Aware -Your Proceeds May Be Used to Satisfy the Debtor’s Unpaid State Tax Liabilities

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It is a basic feature of sales under section 363 of the U.S. Bankruptcy Code, that the purchaser takes free and clear of all claims and interests, such claims and interests attach to the proceeds of the sale in accordance...more

Orrick, Herrington & Sutcliffe LLP

Distressed Download - March 2015

What Happens in Delaware Does Not Always Stay in Delaware: Caesars Victorious in Venue Battle - On Wednesday, January 28, the Bankruptcy Court for the District of Delaware transferred venue for the involuntary bankruptcy...more

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