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    In re Ultra Petroleum Corp.
    2020-11-19

    On remand from the Fifth Circuit, in its October 26, 2020, decision in In re Ultra Petroleum Corp.,1 the US Bankruptcy Court for the Southern District of Texas ruled that (1) make-whole premiums are allowed by the Bankruptcy Code under appropriate circumstances and (2) a solvent debtor must pay pos

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Aaron Gavant , Sean T. Scott , Alexander F. Berk , Tyler R. Ferguson
    Location:
    USA
    Firm:
    Mayer Brown
    Focus on Tax Controversy - November 2020
    2020-11-19

    In the wake of the recent economic downturn caused by the COVID-19 pandemic, there will likely be a sharp rise in bankruptcy filings by businesses seeking to obtain relief from the burdens of excessive debt.1 1 Winston & Strawn’s Tax Controversy and Litigation Group litigates tax disputes in the bankruptcy courts and works in conjunction with the firm’s Bankruptcy Practice Group. Portions of this article were originally published by the author in 2008.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Winston & Strawn LLP, Coronavirus, Internal Revenue Service (USA), Title 11 of the US Code
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy Court’s Jurisdiction to Resolve Tax Claims
    2020-11-19

    In the wake of the recent economic downturn caused by the COVID-19 pandemic, there will likely be a sharp rise in bankruptcy filings by businesses seeking to obtain relief from the burdens of excessive debt.[1] The bankruptcy code is designed to provide debtors relief and protection from creditors, which includes the Internal Revenue Service (“IRS”).

    Filed under:
    USA, Insolvency & Restructuring, Tax, Winston & Strawn LLP, Employee Retirement Income Security Act 1974 (USA), Coronavirus, Internal Revenue Service (USA), Title 11 of the US Code
    Authors:
    Richard A. Nessler
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Tax controversy and litigation newsletter
    2020-11-19

    TAX CONTROVERSY AND LITIGATION NEWSLETTER

    ----------

    Focus on Tax Controversy

    NOVEMBER 2020\\VOLUME 4\\ISSUE 3

    IN THIS ISSUE

    ARTICLES AND UPDATES Bankruptcy Court's Jurisdiction To Resolve Tax Claims2 FAQs Issued Under The CARES Act Invalid Under The APA8 Tax Court Concludes IRS Failed to Satisfy 675111

    Penalty For Failure To File Form 5471 Is Not Divisible 14 Sixth Circuit Rejects Taxpayer's Judicial Estoppel Claim17

    ABOUT US Winston & Strawn's Tax Controversy and Litigation Practice 20

    Editors 20

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Winston & Strawn LLP, Employee Retirement Income Security Act 1974 (USA), Mediation, Coronavirus, Internal Revenue Service (USA), National Labor Relations Board (USA), Aetna, Title 11 of the US Code, CARES Act 2020 (USA), Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy Court’s Jurisdiction to Resolve Tax Claims
    2020-11-19

    In the wake of the recent economic downturn caused by the COVID-19 pandemic, there will likely be a sharp rise in bankruptcy filings by businesses seeking to obtain relief from the burdens of excessive debt.[1] The bankruptcy code is designed to provide debtors relief and protection from creditors, which includes the Internal Revenue Service (“IRS”).  One of the benefits of bankruptcy court protection is the automatic stay, which will

    Filed under:
    USA, Insolvency & Restructuring, Tax, Winston & Strawn LLP, Employee Retirement Income Security Act 1974 (USA), Coronavirus, Internal Revenue Service (USA), Title 11 of the US Code
    Authors:
    Richard A. Nessler
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    What to Know When Your Customer Files for Bankruptcy
    2020-11-17

    The COVID-19 pandemic has created financial distress across many sectors of the economy. As a result, there is a good chance that your business has, or soon will, be forced to deal with a customer bankruptcy. When your customer files for bankruptcy, all is not necessarily lost. The strategic actions you take, in consultation with an experienced attorney, before and during a bankruptcy can help improve your odds of recovery.

    Filed under:
    USA, Insolvency & Restructuring, Foster Swift Collins & Smith PC, Coronavirus, Title 11 of the US Code
    Authors:
    Scott H. Hogan
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    The Importance of Paying Attention to Notices Received in Bankruptcy Cases: Creditor Misses Proof of Claim Bar Date and Loses Claim for $2 million
    2020-11-13

    A recent decision from the United States Bankruptcy Court for the Central District of Illinois (“Court”) is a stark reminder of the importance of paying attention to notices received from bankruptcy cases and the need for creditors to consider retaining counsel to protect their interests in such cases. In In re Kevin R. Gaffney, after Kevin Gaffney (“Debtor”) filed a petition for relief under chapter 7 of the United States Bankruptcy Code, 11 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Krieg DeVault, Title 11 of the US Code
    Authors:
    Alexander E. Porter
    Location:
    USA
    Firm:
    Krieg DeVault
    Bankruptcy Court Denies Section 546(e) Safe Harbor Protection in Fraudulent Transfer Action
    2020-11-16

    The Bankruptcy Code enables a trustee to set aside certain transfers made by debtors before bankruptcy. See 11 U.S.C. §§ 544, 547, 548. These avoidance powers are subject to certain limitations, including a safe harbor in section 546(e) exempting certain transfers. Among other things, section 546(e) bars avoidance of a “settlement payment . . . made by or to (or for the benefit of) . . . a financial institution [or] a transfer made by or to (or for the benefit of) a . . . financial institution . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Title 11 of the US Code
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    We Can Work It Out: Overcoming Obstacles to Real Estate Workouts
    2020-11-12

    Real estate lenders and borrowers everywhere are trying to figure out what to do with properties that are either sitting vacant or underperforming pre-pandemic expectations. In New York, a number of mezzanine foreclosures have been pursued with varying degrees of success when challenged in court. Some lenders have been shopping their loans, mostly at discounts to par that are not large enough to create substantial deal flow in the marketplace.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Kramer Levin Naftalis & Frankel LLP, Title 11 of the US Code
    Authors:
    Daniel Ross Berman , Pamela M. Capps , Daniel M. Eggermann , James P. Godman , Ronald S. Greenberg , Barry Herzog , Jay A. Neveloff , P. Bradley O'Neill , James P. Power , Adam C. Rogoff , Tzvi Rokeach , Robert T. Schmidt , Joshua S. Winefsky
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Ultra Petroleum Bankruptcy Court Allows Make-Whole Claim and Post-Petition Default Interest
    2020-11-09

    Alerts and Updates

    The opinion is significant for a number of reasons, not least of which is that the Bankruptcy Court held that a make-whole premium is not a claim for unmatured interest as the Court of Appeals had intimated.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Christopher M. Winter
    Location:
    USA
    Firm:
    Duane Morris LLP

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