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    Delinquent property tax collection: dancing around the automatic stay
    2015-01-06

    In re Killmer, 513 B.R. 41 (Bankr. S.D.N.Y. 2014) –

    After reopening a bankruptcy case, a mortgagee moved for a determination that a post-petition delinquent property tax sale was void because it was held in violation of the automatic stay.  In response, the tax authority requested retroactive annulment of the stay.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Property tax, Tax lien
    Location:
    USA
    Firm:
    Troutman Pepper
    Property tax foreclosure: tax authority may have to pay for equity in property
    2014-08-15

    Clinton County Treasurer v. Wolinsky, 511 B.R. 34 (N.D.N.Y. 2014) 

    A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county. The bankruptcy court agreed that the transfer was a fraudulent conveyance, but awarded only about half of the damages requested by the trustee. Both the county treasurer and the trustee appealed.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Tax, White Collar Crime, Troutman Pepper, Property tax, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    Sale “free and clear”: adequate protection of nothing is nothing
    2014-07-29

    In re Elk Grove Village Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014) –

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Troutman Pepper, Debtor, Personal property
    Location:
    USA
    Firm:
    Troutman Pepper
    Sale free and clear: permitted “matters of record” may be broader than you expect
    2014-07-15

    In re Joan Fabrics Corp., 508 B.R. 881 (Bankr. D. Del. 2014) –

    The buyer of assets in a bankruptcy sale sought to enforce its asset purchase agreement against a county that was seeking to collect personal property taxes arising prior to the sale by exercising a statutory lien on the property acquired by the buyer.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Tax, Troutman Pepper, Property tax, Personal property
    Location:
    USA
    Firm:
    Troutman Pepper
    Ad valorem property taxes: deadline for challenging in a bankruptcy
    2012-12-11

    Pinellas County Property Appraiser v. Read (In re Read), 692 F3d 1185 (11th Cir. 2012) –

    Under Section 505(a)(1) of the Bankruptcy Code, generally a bankruptcy court may determine the amount or legality of any tax. However, under Section 505(a)(2)(C) of the Bankruptcy Code ad valorem real or personal property taxes cannot be contested if the applicable time period under non-bankruptcy law has expired.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Bankruptcy, Debtor, Property tax, Interest, Personal property, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    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
    Delinquent property tax collection: foreclosure may be vulnerable
    2012-09-25

    Williams v. City of Milwaukee City Clerk (In re Williams), 473 B.R. 307 (Bankr. E.D. Wis. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Property tax, Mortgage loan, Foreclosure, Fair market value, Tax lien
    Location:
    USA
    Firm:
    Troutman Pepper
    Applications for leave to appeal dismissed - 23 April 2015
    2015-04-23

    36153 Ryan Glenn Ziegler v. Her Majesty the Queen (Criminal law – Dangerous offender)

    Filed under:
    Canada, Banking, Crime, Employment & Labor, Family, Immigration, Insolvency & Restructuring, Insurance, Litigation, Patents, Tax, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, Q.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Applications for leave to appeal dismissed - 16 January
    2015-01-16

    36039 Dhillon v. Jaffer  (Law of professions – Barristers and solicitors – Breach of fiduciary duty – Damages)

    Filed under:
    Canada, Crime, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Public, Real Estate, Tax, Gowling WLG, Fiduciary, Power of attorney
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, Q.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Applications for leave to appeal dismissed- 18 December
    2014-12-18

    36114  Miazga v. The Queen  (Criminal law – Manslaughter)

    Filed under:
    Canada, Crime, Insolvency & Restructuring, Legal Practice, Litigation, Private Client & Offshore Services, Tax, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Ed Van Bemmel , Graham S. Ragan , Brian A. Crane, Q.C.
    Location:
    Canada
    Firm:
    Gowling WLG

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