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    Funds Talk: February 2017
    2017-02-01

    Funds Talk: February 2017

     

    Topics covered in this issue include:

    Filed under:
    European Union, USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Derivatives, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Tax, White Collar Crime, Kramer Levin Naftalis & Frankel LLP, Employee Retirement Income Security Act 1974 (USA), Internal Revenue Code (USA)
    Location:
    European Union, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    PROMESA becomes law: all businesses in Puerto Rico will be affected - top points about this sweeping rescue package
    2016-07-05

    Just one day before the July 1 deadline for an expected major default by the Government of Puerto Rico, President Barack Obama signed into law the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA), a sweeping new law designed to bring stability to the Puerto Rican economy and establish oversight of the Island’s budget and fiscal policies for at least the next five years.

    Filed under:
    Puerto Rico, Insolvency & Restructuring, DLA Piper, Board of directors, Budget, Debt, Economy, US Congress, US House of Representatives, Internal Revenue Code (USA)
    Authors:
    Evan M. Migdail , Francisco J. Cerezo
    Location:
    Puerto Rico
    Firm:
    DLA Piper
    Things to take into account as a secured creditor when dealing with a company in financial distress
    2009-05-20

    In cross border financing transactions, a secured creditor should be aware of Dutch law specifics when dealing with a Dutch obligor in financial distress. Below is a highlighted list of specifics for a secured creditor planning to foreclose on its security or when seeking to improve its security position.

    Improving security position

    Existing Dutch security documents typically provide for possibilities for improving the position of a secured creditor in case of an event of default.

    Getting a tighter grip on collateral

    Filed under:
    Netherlands, Insolvency & Restructuring, NautaDutilh, Share (finance), Bankruptcy, Legal personality, Shareholder, Debtor, Collateral (finance), Dividends, Accounts receivable, Board of directors, Debt, Foreclosure, Default (finance), Secured creditor, Articles of association, Annual general meeting, Internal Revenue Code (USA)
    Location:
    Netherlands
    Firm:
    NautaDutilh
    The Supreme Court’s Rejection of the Bob Richards Rule Creates Uncertainty Regarding the Entitlement of Members of a Consolidated Group to Tax Refunds
    2020-03-02

    On February 25, 2020, the United States Supreme Court in Rodriguez v. Federal Deposit Insurance Corporation[1] struck down a judicial federal common law rule—known as the Bob Richards rule—that is used by courts to allocate tax refunds among members of a corporate affiliated group where the group does not have a written tax sharing agreement in place, or, at least in some federal Circuits, where an agreement fails to allocate the refunds unambiguously.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, A&O Shearman, Income tax, Federal Deposit Insurance Corporation (USA), Internal Revenue Code (USA)
    Authors:
    Todd Lowther , Ryan Bray , Fredric Sosnick , Luckey McDowell , Ian E. Roberts
    Location:
    USA
    Firm:
    A&O Shearman
    Death of the Bob Richards Rule?Supreme Court Limits Federal Common Law ( Rodrigues v. Fed. Deposit Ins. Corp.)
    2020-02-25

    When can a Federal Court employ a federal common law rule to make its decision in the case? Justice Gorsuch answer this in Rodriguez v. Fed. Deposit Ins. Corp., U.S., No. 18-1269, 2/25/20.[1] The answer . . . less often than you might think.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BCLP, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision, Internal Revenue Code (USA)
    Authors:
    Craig Schuenemann
    Location:
    USA
    Firm:
    BCLP
    Inherited IRAs Not Exempt From Bankruptcy Estate Under New York Law
    2018-11-15

    In a matter of first impression, the U.S. Bankruptcy Court for the Northern District of New York recently analyzed whether a debtor may exempt from her bankruptcy estate a retirement account that was bequeathed to her upon the death of her parent. In In re Todd, 585 B.R. 297 (Bankr. N.D.N.Y 2018), the court addressed an objection to a debtor’s claim of exemption in an inherited retirement account, and held that the property was not exempt under New York and federal law.

    Filed under:
    USA, New York, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Duane Morris LLP, Internal Revenue Code (USA)
    Authors:
    Rudolph J. Di Massa, Jr. , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    Corporate Law & Governance Update - August 2018
    2018-08-15

    New Decision Affects D&O Liability

    A recent federal bankruptcy court decision addresses important principles of fiduciary conduct (and the benefits of a state exculpatory statute) in the context of a financially distressed not-for-profit hospital.

    Filed under:
    USA, Delaware, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Internal Revenue Service (USA), Federal Trade Commission (USA), US Department of Justice, Internal Revenue Code (USA), Delaware Court of Chancery, United States bankruptcy court
    Authors:
    Michael W. Peregrine
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Entity Receiverships and the Dangerous Federal Priority Statute
    2018-07-06

    Lawyers representing creditors often compete with federal government claims against the same insolvent borrower/debtor. There are several common federal statutes that impact these disputes including: 11 U.S.C. Section 507[1]; 26 U.S.C. Section 6321[2], et seq.; and 31 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Frost Brown Todd LLP, Medicare, Blockchain, Federal Trade Commission (USA), Internal Revenue Code (USA)
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Tax Relief Under Tax Cuts & Jobs Act? Not for Debtors.
    2018-06-05

    In December 2017, Congress passed and President Trump signed the Tax Cuts and Job Act of 2017 (TCJA). Effective as of Jan. 1, 2018, the TCJA is a wide-ranging change to the Internal Revenue Code of 1986 (the Tax Code) affecting individual, corporate, and international taxation.

    Lost amongst the many commentaries are two changes that have a negative impact on business debtors under the Bankruptcy Code: (1) reduction of the corporate tax rates and (2) elimination of the ability to carry back net operating losses.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Greenberg Traurig LLP, Debtor, US Congress, Internal Revenue Code (USA), Tax Cuts and Jobs Act 2017 (USA)
    Authors:
    Kenneth Zuckerbrot
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    United States: Expert Q&A on the Tax Cuts and Jobs Act’s Impact on Restructuring Companies
    2018-04-11

    The Tax Cuts and Jobs Act signed into law on December 22, 2017, amended the Internal Revenue Code of 1986 (IRC) and made significant changes to the treatment of individual and corporate taxpayers beginning January 1, 2018. While many understand that the overall corporate tax rate is going down, the specific effects of this tax reform on distressed companies, debtors, creditors, and lenders are still being uncovered. Practical Law asked Patrick M. Cox of Baker McKenzie LLP to discuss his views on the Tax Cuts and Jobs Act (TCJA) and its potential impact on the Chapter 11 process.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Baker McKenzie, Internal Revenue Code (USA), Tax Cuts and Jobs Act 2017 (USA)
    Authors:
    Patrick M. Cox
    Location:
    USA
    Firm:
    Baker McKenzie

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