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    Crypto Winter Series: Can the Legal World Catch Up with the Rapid Development of Crypto Innovation? | Part 3 of 3
    2022-07-14

    Much discussion has been had recently about the fact that cryptocurrencies (tokens and coins) do not fit neatly into a generally accepted financial asset classification. The value of most cryptocurrencies is not pegged to any tangible commodity or fiat currency.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, Frost Brown Todd LLP, Bitcoin, Cryptocurrency, Internal Revenue Service (USA), US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), US Department of the Treasury
    Authors:
    Jordan S. Blask , Jared M. Tully
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Are Private Student Loans Dischargeable in Bankruptcy Court? An In-Depth Examination of Each Sub-Section of Section 523 (a)(8) of the Bankruptcy Code—Part I
    2022-05-03

    In the United States, student loans have exceeded $1.6 trillion, making student loans a central focus amongst Chapter 7 and 13 debtors. Student loans facilitated or guaranteed by the U.S. government or a non-profit institution are non-dischargeable in bankruptcy court, pursuant to Section 523 (a)(8) of the Bankruptcy Code. A non-dischargeable debt means that the debtor must still repay the debt even after successful Chapter 13 or 7 bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Gupta Evans and Ayres, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    Dylan Contreras
    Location:
    USA
    Firm:
    Gupta Evans and Ayres
    Are Private Student Loans Dischargeable in Bankruptcy Court? An In-Depth Examination of Each Sub-Section of Section 523 (a)(8) of the Bankruptcy Code—Part III
    2022-05-03

    This is a three-part article that explores whether private student loans are excepted from discharge under Section 523 (a)(8) of the Bankruptcy Code. Section 523 (a)(8) includes three categories of non-dischargeable student loan debt. Part I of the blog article discussed Section 523 (a)(8)(A)(i) and can be accessed here.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Gupta Evans and Ayres, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    Dylan Contreras
    Location:
    USA
    Firm:
    Gupta Evans and Ayres
    A Growing Circuit Split: Does the IRS Have Sovereign Immunity from Fraudulent Transfer Claims under 11 U.S.C. § 544(b)(1)?
    2022-03-31

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Nelson Mullins Riley & Scarborough LLP, Internal Revenue Service (USA), Supreme Court of the United States, Ninth Circuit
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    The PTL Bankruptcy Case: Sex, Drugs, and Gospel
    2022-02-21

    Not your Ordinary Bankruptcy Case

    Columbia, South Carolina is hot during the summer, such that the City adopted the motto “Famously Hot” a few years ago. Temperatures frequently exceed 100 degrees in the summer. On June 12, 1987, the PTL Club filed chapter 11 cases in Columbia, adding heat to the already hot City.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Internal Revenue Service (USA), Federal Communications Commission (USA)
    Authors:
    George B. Cauthen
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Restructuring a Multinational Corporation to Optimize Profitability and Efficiency - A Case Study
    2022-01-06

    Restructuring a Multinational Corporation to Optimize Profitability and Efficiency A Case Study By Owen D. Kurtin Kurtin PLLC, New York, NY 2022 Revised Edition T:212.554.3373|E: [email protected] | W:kurtinlaw.com 2 The TO Project A few years ago, I was asked to serve as lead outside legal counsel to a U.S.-basedpublic corporationinanindustrialbusiness sector withoperations in over thirty countries in the reorganization of its global corporate structure and operations.

    Filed under:
    Global, Singapore, Switzerland, USA, Company & Commercial, Insolvency & Restructuring, Tax, Kurtin PLLC, Private equity, Venture capital, Supply chain, Transfer pricing, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Location:
    Global, Singapore, Switzerland, USA
    Firm:
    Kurtin PLLC
    This week at the ninth: Telescopes and tax returns
    2021-12-10

    This week, the Ninth Circuit takes a close look at a sizable antitrust jury award, and explains what constitutes a tax “return” for purposes of bankruptcy law.

    OPTRONIC TECHNOLOGIES, INC v. NINGBO SUNNY ELECTRONIC CO. LTD.

    The Court held that sufficient evidence supported a jury verdict holding telescope manufacturers liable for antitrust violations.

    Filed under:
    USA, Competition & Antitrust, Insolvency & Restructuring, Litigation, Tax, Morrison & Foerster LLP, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    Adam L. Sorensen , Lena H. Hughes
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Stop Looting the Bankruptcy Code: Stop Wall Street Looting Act Proposes Substantial Changes to the Bankruptcy Code and Key Principles of Corporate Law
    2021-11-19

    On October 20, 2021, Democratic senators Elizabeth Warren (D-Mass.), Tammy Baldwin (D-Wisc.), Sherrod Brown (D-Ohio), and Jeff Merkley (D-Oregon), and Independent senator Bernard Sanders (I-Vermont), introduced to the United States Senate proposed legislation S. 3022, the Stop Wall Street Looting Act of 2021 (the “SWSLA”),1 as a reworked version of legislation previously proposed in 2019.

    In what appears to be an attempt at wholesale reform of the private equity industry and bankruptcy practice, the SWSLA proposes to:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Ropes & Gray LLP, Private equity, ESG, American Medical Association, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    Ryan Preston Dahl , Gregg M. Galardi
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Do Single-Member LLCs Need to File Tax Returns in Chapter 11 Cases?
    2021-11-04

    Unless the owner of a limited liability company elects to be treated as a corporation for tax purposes, the IRS will treat a single-member LLC as a “disregarded entity” for tax purposes. As a disregarded entity, an LLC’s assets, liabilities, income and deductions are reported as belonging to the owner for tax purposes. Markell Co. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Fredrikson & Byron PA, Bankruptcy, Internal Revenue Service (USA), United States bankruptcy court, Eleventh Circuit
    Authors:
    Steven R. Kinsella
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    No Time Runs against the King (IRS): The Golden Creditor Rule and its Discontents
    2021-06-11

    Executive Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP, Internal Revenue Service (USA), Internal Revenue Code (USA), Supreme Court of the United States
    Authors:
    Robert Lemons , Alex Xiao
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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