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    From the top: recent U.S. Supreme Court ruling
    2011-04-01

    The U.S. Supreme Court’s October 2010 Term (which extends from October 2010 to October 2011, although the Court hears argument only until June or July) officially got underway on October 4, three days after Elena Kagan was formally sworn in as the Court’s 112th Justice and one of three female Justices sitting on the Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Debtor, Federal Reporter, Ex post facto law, Debt, Tax deduction, Dissenting opinion, Majority opinion, Internal Revenue Service (USA), US Congress, Westlaw, Article III US Constitution, Supreme Court of the United States, Ninth Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Modifications of debt instruments – T.D. 9513
    2011-04-27

    On 7 January 2011, the IRS published fi nal regulations intended to clarify when and how a debt instrument should be retested for debt vs. equity status, and when its terms have been signifi cantly modifi ed. The fi nal regulations generally apply to alterations of the terms of a debt instrument on or after 7 January 2011. Upon a signifi cant modifi cation there is a deemed retirement of the existing debt instrument and a deemed issuance of a new instrument (which may or may not be debt).

    Filed under:
    USA, Insolvency & Restructuring, Tax, Landwell, Debt, Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Landwell
    IRS denies 501(c)(3) status to bankruptcy counseling agency
    2011-05-16

    On April 29, 2011, the Internal Revenue Service (“IRS”) issued Private Letter Ruling (“PLR”) 201117036 denying recognition of tax-exempt status under Section 501(c)(3) of the Internal Revenue Code (“Code”) to a nonprofit credit counseling agency (“CCA”) because its primary activity would have been the provision of pre-bankruptcy certification and post-bankruptcy counseling for fees.

    Filed under:
    USA, Insolvency & Restructuring, Non-profit Organizations, Tax, Venable LLP, Tax exemption, Bankruptcy, Shareholder, Debtor, Consumer protection, Education, 501(c) organisation, Bankruptcy discharge, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    Jonathan L. Pompan
    Location:
    USA
    Firm:
    Venable LLP
    Seventh Circuit gives mortgage lender's security interest in future rental income priority over federal tax lien
    2011-06-06

    The Seventh Circuit recently decided that a mortgage that assigns future rental income to the mortgagee creates a security interest that takes priority over a federal tax lien.  Bloomfield State Bank v. United States, No.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Debtor, Unsecured debt, Interest, Mortgage loan, Default (finance), Tax lien, Internal Revenue Service (USA), Internal Revenue Code (USA), United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Madoff, Picard and charities: a comparison of treatment of the Lautenberg Foundation and the Wilpon/Katz foundations - Part 2 - Installment 52
    2011-06-14

    This is the fifty-second in a series of installments on this blog that are discussing issues arising in the aftermath of the global Ponzi scheme perpetrated by Bernard L. Madoff (“Madoff”).

    Filed under:
    USA, Insolvency & Restructuring, Non-profit Organizations, White Collar Crime, Fox Rothschild LLP, Bankruptcy, Charitable organisation, Fair market value, 501(c) organisation, Bénéfice, Form 990, Internal Revenue Service (USA), US Senate
    Authors:
    Alain Leibman
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Reincorporations in spinoffs
    2011-06-13

    You will rely on section 355 for nonrecognition, but here you also must rely on section 332 to make the liquidations tax free, without any liquidation-reincorporation problem. It's very clear that you can get the results you want, but not clear why.

    LTR 201123022 describes these facts, in simplified form:

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Alston & Bird LLP, Tax exemption, Debt, Liquidation, Holding company, Subsidiary, Internal Revenue Service (USA)
    Authors:
    Jasper L. (Jack) Cummings , Jr.
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Proposed regulations regarding the deferred loss rules for controlled groups: not all good but not all bad
    2011-06-16

    On April 20, 2011, the IRS issued proposed regulations under Treas. Reg. §1.267(f)-1(c) (the Proposed Regulations), which will become effective after they are adopted as final regulations. The Proposed Regulations modify the current deferred loss rules to allow the acceleration of a deferred loss in certain circumstances that routinely arise in international restructurings of U.S. companies. Accordingly, corporations in a controlled group that are considering a sale to another member of the controlled group should evaluate the consequences under the Proposed Regulations.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Troutman Pepper, Retail, Liquidation, Subsidiary, Internal Revenue Service (USA)
    Authors:
    Todd B. Reinstein , Paul D. Pellegrini
    Location:
    USA
    Firm:
    Troutman Pepper
    Municipal bond interest paid by a bond insurer after an issuer’s bankruptcy discharge can remain tax-exempt
    2014-12-22

    In the aftermath of recent municipal bankruptcies in which issuers proposed and/or implemented bankruptcy plans involving partial discharges of the issuer’s payment obligation on insured bonds, there has been increased focus on whether municipal bond interest paid by a bond insurer after the bankruptcy plan’s effective date continues to be tax-exempt.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Tax, Mintz, Bond (finance), Tax exemption, Interest, Municipal bond, Internal Revenue Service (USA)
    Authors:
    Leonard Weiser-Varon , Maxwell D. Solet
    Location:
    USA
    Firm:
    Mintz
    In re: Restivo Auto Body, Inc. - 4th Circuit rules executed but unrecorded security interest has priority over IRS tax lien
    2014-11-21

    On October 31, 2014, the U.S. Court of Appeals for the 4th Circuit interpreted Maryland law in ruling that a bank’s security interest in a Chapter 11 debtor’s property created by a deed of trust that was executed before, but recorded after, the Internal Revenue Service filed a tax lien, had priority over the tax lien.

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, McGuireWoods LLP, Capital punishment, Deed of trust (real estate), Tax lien, Internal Revenue Service (USA)
    Authors:
    James E. Van Horn , Lauren A. Ford
    Location:
    USA
    Firm:
    McGuireWoods LLP
    Second Circuit's significant decision could impact liquidating trustees
    2014-08-28

    In the case of United States of America v. Edward P. Bond, No. 12-4803 (2d. Cir. August 13, 2014), the United States Court of Appeals for the Second Circuit (the "Second Circuit") issued a decision that could have far-reaching effects on how liquidating chapter 11 bankruptcy cases will be handled in the future.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Duane Morris LLP, Liquidation, Internal Revenue Service (USA), Second Circuit, United States bankruptcy court
    Authors:
    Lawrence J. Kotler , William C. Heuer , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP

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