Consumer Finance Monitor Podcast Episode: Should Medical Debt Be Included in Creditworthiness Measures?
Credit Eco to Go Podcast: Demystifying the Debt Collection Rule
Law School Toolbox Podcast Episode 294: Money Talk (w/Carrie Friedberg)
Podcast: Questions & Concerns About Documentation: A Conversation with Colin Adams, M-III Partners
Podcast - Credit Funds: How PE Funds Can Address and Minimize Conflict When Expanding Into Credit
Underwriters, Universities and Government Debt Issuers Face a Critical Deadline
Maximizing Outcomes in Upcoming Asia Restructurings - Executive Summary
Bar President: 3Ls Should Get Paid for Internships
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Consultant: More Big Law Firms Will "Implode"
Law School Applications Crater
Will The Debt Ceiling Standoff End Up In Court?
Bill on Bankruptcy: MF Global Creditors Undeterred by Low Value
Symptoms of Student Loan Crisis Reveal Bubble About to Burst
Dean: There's No Oversupply of Lawyers
Bill on Bankruptcy: Will 2013 Be Kind To The Bankruptcy Bar?
Ankura TAS experts discuss current valuation strategies to address interest rate risk and volatility in the current high-rate environment - One thing is for certain, volatility and change create uncertainty in valuations —...more
With a labor shortage that is not going away for at least the next two decades, the battle to hire and retain talent will remain in the headlines. Everyone has an opinion about why we have this shortage, why employees leave...more
Das steigende Zinsniveau und die angesichts des unsicheren Marktumfelds immer noch große Zurückhaltung von Investoren stellen viele Unternehmen vor große Herausforderungen bei ihrer künftigen Finanzierung. Insbesondere...more
What Was Intended? Transactions between commonly controlled, closely held businesses are often conducted in an informal manner. This is unfortunate because, in the absence of documentation, it is sometimes difficult to...more
Most smaller businesses newly formed or registered to do business in the United States will soon be required to file their initial beneficial ownership report with the federal Financial Crimes Enforcement Network (FinCEN),...more
FFF: There is a lot of discussion around the growth of the fund finance market, and it is fair to say that the market has grown significantly, particularly in the PE NAV space – both in terms of participants and structures....more
This article is Part A of the fifth alert in our series of alerts focussed on the alternative protein industry. It provides an overview of financing options for players in the industry and specifically discusses information...more
When is a loan not a loan? When it’s something else – for example, equity. This is one of those pesky facts and circumstances issues that plague courts, taxpayers, and tax advisers to no end. Debt- On one end of the...more
Last week, the Independent Petroleum Associate of America (IPAA) hosted its annual Private Capital Conference in Houston. This year’s theme was “The Realities of the Energy Transition” and I thought it was one of the better...more
On December 30, 2021, the Treasury Department and IRS issued final regulations to address the taxability of modifications that replace LIBOR or another interbank offered rate (an IBOR) with a qualified rate like SOFR....more
In a recent decision, the Bankruptcy Court for the Southern District of New York held that a purported debt held by an entity with a near-majority membership interest in the Debtor was actually equity disguised as a loan. ...more
There were significant developments in 2019 as courts continued to issue important decisions in this space and significant legislation impacting the residential mortgage-backed securities (“RMBS”) market came into effect. A...more
On Nov. 4, 2019, the Department of the Treasury (Treasury) and the Internal Revenue Service (the Service) published final debt-equity regulations (the Final Regulations) and an advance notice of proposed rulemaking (the...more
It is often difficult to determine the proper tax treatment for the transfer of funds among related companies, especially when they are closely held, in which case obedience to corporate formalities may be found wanting. ...more
Section 385 Proposed Regulations — Impact on Related-Party Financing - Section 385 has been in the Internal Revenue Code since 1969. It was enacted to provide guidance for whether to classify an interest in a corporation...more
On October 22, 2016, the Treasury finalized the debt/equity regulations under Section 385 it had proposed in April. The 517-page package can daunt even the most motivated readers. “Expanded groups” (EG) that know they will be...more
On October 13, 2016, the Treasury Department and the Internal Revenue Service issued final and temporary regulations under section 385. The final and temporary regulations recharacterize certain debt instruments as equity for...more
Determining the difference between debt and equity is a problem that has bedeviled taxpayers and tax administrators for decades. Taxpayers, recognizing that there are tax advantages to financing a corporation with debt (e.g.,...more
On April 4, 2016, the IRS and Treasury issued proposed regulations under Section 385 (the “Proposed Regulations“). The Proposed Regulations, which were thought to have been a response to post-inversion earnings stripping...more
On April 4, 2016, Treasury and the IRS proposed sweeping regulations under § 385 of the Code. Issued the same day as the anti-inversion temporary regulations, the proposed § 385 rules would go much farther than merely...more
Earlier this month, the IRS and Treasury Department proposed new Treasury regulations (the “Proposed Regulations”) under Section 385 of the Internal Revenue Code. The Proposed Regulations would significantly modify the tax...more