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    Hard times in the oil patch: tax implications for investors in the era of price fluctuations
    2016-11-14

    The current decline in oil prices, which continues to show no signs of a long-term reversal, is having unexpected and unwanted consequences, many of which may turn into long-lasting troubles for the oil and gas industry, especially for its investors.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Tax, DLA Piper, Share (finance), Private equity, Income tax, Limited liability company, Option (finance), Debt, Debt relief, Limited partnership, Cashflow, Double taxation
    Location:
    USA
    Firm:
    DLA Piper
    The Financial Report June 11, 2015 - news from Asia and the Pacific
    2015-06-11

    SFC released consultation conclusions on supervisory assistance. The Hong Kong Securities and Futures Commission (SFC) released consultation conclusions on proposed amendments to the Securities and Futures Ordinance (SFO). The amendments would provide assistance to regulators outside of Hong Kong upon request by making inquiries and obtaining certain records and documents from licensed corporations or their related corporations. The proposed supervisory assistance will be subject to both existing and new legislative safeguards.

    Filed under:
    Australia, China, Hong Kong, Japan, Singapore, Capital Markets, Derivatives, Insolvency & Restructuring, Tax, DLA Piper, Securities and Futures Commission (Hong Kong), Monetary Authority of Singapore
    Location:
    Australia, China, Hong Kong, Japan, Singapore
    Firm:
    DLA Piper
    UK legal highlights: 2014 and beyond
    2014-12-17

    UK LEGAL HIGHLIGHTS 2014 AND BEYOND Welcome to our 2014 edition of UK Legal Highlights. This publication is a reminder of some of the most important and significant developments DLA Piper reported in 2014, along with some forthcoming developments to look out for in 2015 and beyond.

    Filed under:
    United Kingdom, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, IT & Data Protection, Leisure & Tourism, Projects & Procurement, Public, Tax, White Collar Crime, DLA Piper, European Commissioner for Competition
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Recovering domestic taxes and penalties on a pari passu basis before Australian assets are remitted to foreign liquidators
    2013-12-12

    A recent Federal Court of Australia decision has granted the Australian Commissioner of Taxation the right to recover, from a failed foreign company’s Australian assets, the pari passu amount the Commissioner would have been entitled to receive (on account of outstanding domestic tax and penalties) if he had been allowed to prove in the liquidation before the assets are remitted to the company’s foreign representatives (the liquidators). 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Tax, DLA Piper, Liquidation, Liquidator (law), Commissioner of Taxation (Australia), Federal Court of Australia
    Authors:
    Amy Nolan
    Location:
    Australia
    Firm:
    DLA Piper
    Doing business in Alberta 2013
    2013-11-30

    DOING BUSINESS IN ALBERTA
    November 2013
    © Davis LLP 2013 i
    TABLE OF CONTENTS
    A. INTRODUCTION .............................................................................................................................. 1
    B. GOVERNMENT AND LEGAL SYSTEM ......................................................................................... 1
    C. TYPES OF BUSINESS ORGANIZATION ....................................................................................... 2

    Filed under:
    Canada, Alberta, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Tax, DLA Piper
    Location:
    Canada
    Firm:
    DLA Piper
    Doing business in British Columbia 2012
    2012-10-12

    Except where otherwise noted, this paper is current as of September, 2011 and provides preliminary information on Canadian and British Columbia legal matters to assist you in establishing a business in British Columbia and provides general guidance only.

    Filed under:
    Canada, British Columbia, Banking, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Tax, DLA Piper
    Location:
    Canada
    Firm:
    DLA Piper
    Supreme Court of Canada settles Excise Tax Act priorities in CCAA action
    2011-02-08

    MARY BUTTERY WINS IMPORTANT CASE FOR CENTURY SERVICES INC.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, DLA Piper, Bankruptcy, Debtor, Excise, Unemployment benefits, Secured creditor, Goods and services tax (Canada), Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
    Location:
    Canada
    Firm:
    DLA Piper
    Ninth Circuit Insulates California Tax Sale from Fraudulent Transfer Attack
    2016-09-21

    “[T]he price received at a California tax sale” properly held under state law “conclusively establishes ‘reasonably equivalent value’ for purposes of” the Bankruptcy Code’s (“Code”) fraudulent transfer section (§ 548(a)(1)), held the U.S. Court of Appeals for the Ninth Circuit on Sept. 8, 2016. In re Tracht Gut LLC, 2016 WL4698300, at *1 (9th Cir. Sept. 8, 2016). Affirming the lower courts, the Ninth Circuit reasoned that “California tax sales have the same procedural safeguards as the California mortgage foreclosure sale” approved by the U.S. Supreme Court in BFP v.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Real Estate, Tax, Schulte Roth & Zabel LLP, Mortgage loan, United States bankruptcy court
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Fourth Circuit affirms priority of tax lien over failed chapter 11 professional fees
    2016-02-02

    A federal “secured tax claim takes priority over [a professional’s] claim to fees” in an aborted Chapter 11 case, held the U.S. Court of Appeals for the Fourth Circuit on Jan. 26, 2016. In re Anderson, 2016 WL 308590, at *1 (4th Cir. Jan. 26, 2016).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Schulte Roth & Zabel LLP, Debtor, Tax lien, Fourth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Sixth Circuit Holds State Court Tax Foreclosure Subject to Fraudulent Transfer Attack
    2022-01-06

    A “federal [fraudulent transfer claim under Bankruptcy Code § 548] is independent of [a] state-court [foreclosure] judgment,” held the U.S. Court of Appeals for the Sixth Circuit on Dec. 27, 2021. In reLowry, 2021 WL 6112972, *1 (6th Cir. Dec. 27, 2021). Reversing the lower courts’ approval of a Michigan tax foreclosure sale, the Sixth Circuit reasoned that “the amount paid on foreclosure bore no relation at all to the value of the property, thus precluding the … argument that the sale was for ‘a reasonably equivalent value’ under the rule of BFP v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Schulte Roth & Zabel LLP, Foreclosure, Clawback/avoidance/preferences/fraudulent transfers, Sixth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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