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    Commercial financial services brief: low income tax credits must be included in debtor’s plan valuation
    2012-10-18

    In what it described as a novel issue of law in the Eighth Circuit (the Federal Circuit including Minnesota and North Dakota), the United States Bankruptcy Appellate Panel (BAP) for the Eighth Circuit recently ruled in In re Lewis and Clark Apartments, LP that, in a valuation of the debtor’s low income housing project for purposes of its proposed Plan of Reorganization, the value of the low income housing tax credits (LIHTC) attributable to the project must be included.  While this is a result lenders involved in the LIHTC industry may have assumed, it was not settled

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Lathrop GPM, Bankruptcy, Debtor, Tax credit, Interest, Limited partnership, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Scott T. Larison
    Location:
    USA
    Firm:
    Lathrop GPM
    Low-income housing tax credits must be included in valuing section 506(a) collateral
    2012-10-15

    In re Creekside Senior Apartments, LP, 2012 Fed App. 0008P (6th Cir. B.A.P. June 29, 2012)

    CASE SNAPSHOT

    In a case of first impression, the Sixth Circuit BAP held that, for purposes of valuing collateral under section 506(a) of the Bankruptcy Code, the availability of Low-Income Housing Tax Credits must be considered in valuing a creditor’s secured claim.

    FACTUAL BACKGROUND

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Reed Smith LLP, Debtor, Collateral (finance), Tax credit, Limited partnership, Sixth Circuit
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Tax complications of bankruptcies in difficult economic times
    2009-02-03

    Given the current state of the economy, it should come as no surprise that business related bankruptcy filings increased 41.6 percent and non-business bankruptcies increased 28.4 percent between June 30, 2007, and June 30, 2008, with more than one million Americans filing for bankruptcy during calendar year 2007, according to the Administrative Office of the U.S. Courts.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Duane Morris LLP, Tax exemption, Credit card, Bankruptcy, Debtor, Tax credit, Taxable income, Debt, Debt relief, Internal Revenue Service (USA), Title 11 of the US Code, Internal Revenue Code (USA)
    Location:
    USA
    Firm:
    Duane Morris LLP
    Stimulus legislation provides tax relief for certain debt restructurings
    2009-03-13

    One of the most significant tax provisions contained in the recently enacted American Recovery and Reinvestment Act of 2009 (“ARRA”) might prove helpful to certain taxpayers looking to restructure their balance sheets.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Kilpatrick Townsend & Stockton LLP, Bankruptcy, Debtor, Tax credit, Debt, Balance sheet, C corporation, Student loan, Bankruptcy discharge, Title 11 of the US Code, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    Lynn E. Fowler
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    Barcelona Commercial Court No. 9 ruling of September 8, 2014: classification of the remaining credit after the cancelation of a second- ranking mortgage through an assignment in lieu of payment (dación en pago) in respect of the creditor of the first mortgage
    2014-10-31

    The remaining credit after the cancelation of its guarantee through an assignment in lieu of payment (dación en pago) in favor of a creditor with a lower-ranking guarantee is an ordinary credit and cannot be subject to a new classification

    Filed under:
    Spain, Banking, Insolvency & Restructuring, Litigation, Tax, Cuatrecasas, Tax credit, Mortgage loan
    Location:
    Spain
    Firm:
    Cuatrecasas
    At long last - a legislative fix for the GST payable by representatives of incapacitated entities
    2010-01-12

    It has taken 12 months, but new legislative provisions are now in place to deal with the problems for representatives of incapacitated entities arising from Logan J's decision in Deputy Commissioner of Taxation v PM Development Pty Limited [2008] FCA 1,886.

    The new provisions go beyond merely addressing the outcome of PM Developments. They also introduce new obligations for representatives of incapacitated entities as well as some concessions and protections.

    Filed under:
    Australia, Insolvency & Restructuring, Tax, Clayton Utz, Regulatory compliance, Tax credit, Good faith, Goods and services tax (Australia), Constitutional amendment
    Location:
    Australia
    Firm:
    Clayton Utz
    Valuing collateral: do low-income housing tax credits count?
    2012-11-27

    In re Creekside Senior Apartments, LP, 477 B.R. 40 (6th Cir. B.A.P. 2012) –

    In valuing a bank claim secured by a low-income housing project for purposes of a plan of reorganization, should the remaining federal low‑income housing tax credits allocated to the project be taken into consideration?  In Creekside the bankruptcy court said yes, and the bankruptcy appellate panel agreed.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Tax, Troutman Pepper, Debtor, Collateral (finance), Tax credit, Limited partnership
    Location:
    USA
    Firm:
    Troutman Pepper
    Introduction of financial measures in support of businesses facing the Covid-19 crisis
    2020-04-07

    Hogan Lovells Publications | 07 April 2020

    Introduction of financial measures in support of businesses facing the Covid-19 crisis

    Faced with the impact of the Covid-19 health crisis on the local and European economy, the President of the French Republic and the government announced several emergency measures in order to support businesses in difficulty.

    Filed under:
    France, Banking, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Public, Real Estate, Tax, Trade & Customs, Hogan Lovells, Tax credit, Value added tax, Coronavirus, European Commission
    Location:
    France
    Firm:
    Hogan Lovells
    Tax complications of bankruptcies in difficult economic times
    2009-02-03

    Given the current state of the economy, it should come as no surprise that business related bankruptcy filings increased 41.6 percent and non-business bankruptcies increased 28.4 percent between June 30, 2007, and June 30, 2008, with more than one million Americans filing for bankruptcy during calendar year 2007, according to the Administrative Office of the U.S. Courts.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Duane Morris LLP, Tax exemption, Credit card, Bankruptcy, Debtor, Tax credit, Debt, Debt relief, Title 11 of the US Code, Internal Revenue Code (USA), Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Duane Morris LLP

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