Commercial And Regulatory Law Committee

Committees

Post date: Wednesday, June 17, 2015

Editor’s Note: The following article, “The Purchaser of a Tax Lien Is the Holder of a 'Tax Claim' Under 11 U.S.C. § 511(a),” won the prize for second place in the Seventh Annual ABI Bankruptcy Law Student Writing Competition. The author, Andrew Reardon, is a recent graduate of St. John’s University School of Law in Jamaica, N.Y. In addition to recognition and publication of his article in the Bankruptcy Taxation Committee Newsletter, Mr. Reardon receives a cash award of $1,250, sponsored by Jenner & Block LLP, and a one-year ABI membership.

Post date: Wednesday, June 17, 2015

An unsecured creditors’ committee is supposed to be representative of the interests of a diverse group of unsecured creditors with an interest in the outcome of a debtor’s reorganization or “fresh start.” Landlords with lease-rejection claims, parties to rejected equipment leases, trade creditors, unsecured bondholders and the Pension Benefit Guaranty Corporation are a few examples.

Post date: Wednesday, March 04, 2015
Photo of Brandon J. Tittle
Brandon J. Tittle

Add the Western District of New York to those courts holding that in rem tax foreclosures are not presumed to provide reasonably equivalent value to a debtor. In Canandaigua Land Development LLC v. County of Ontario (In re Canandaigua Land Dev. LLC), 521 B.R. 457 (Bankr. W.D.N.Y.

Post date: Friday, November 21, 2014

Section 365 of the Bankruptcy Code authorizes a debtor to assume or reject an executory contract.[1] An executory contract that has expired in accordance with its terms is generally not subject to assumption or rejection under the Code.

Post date: Tuesday, August 26, 2014

Recently, the U.S. Bankruptcy Court for the District of Delaware had the opportunity to further clarify the power of § 363 sale processes to cleanse assets and the fragile nature of pension claims in bankruptcy. The court considered and rejected an objection to a § 363 sale free and clear of any successor liability claim where the sale was supported by the debtors, the lenders and the unsecured creditors’ committee, but not the pension trust.

Post date: Friday, July 25, 2014

Once disfavored, non-compete agreements — contractual provisions prohibiting employees from competing with their former employers upon the relationship’s termination — have acquired new legitimacy in recent decades.

Post date: Thursday, June 19, 2014

Editor’s Note: This article is intended for educational purposes only. It is not intended to be legal, accounting or other professional advice. A party should consult with legal counsel when dealing with the issues addressed in this article. The views expressed in this article are solely those of the author and do not necessarily represent the views or opinions of Husch Blackwell LLP.

 

 

Post date: Thursday, June 19, 2014
Photo of George Klidonas
George Klidonas

[1]A trustee for a bankrupt entity or a debtor has the power to bring an action to avoid and recover constructive or actual fraudulent transfers. Section 544(b) of the Bankruptcy Code specifically allows a trustee or debtor to step into the shoes of an actual creditor of the debtor, who could have avoided the transfer outside of bankruptcy using state law. The U.S. Court of Appeals for the Seventh Circuit recently analyzed a debtor’s power to bring a state law fraudulent-transfer action..

Post date: Monday, June 09, 2014

A 30-year friendship and business association between Charles Pircher and Wren Alexander ultimately cost one of Alexander’s companies, Wren Alexander Investments, L.L.C. (Wren LLC), its interest in certain real property in Medina County, Texas (Medina Property).

Post date: Friday, May 23, 2014
Photo of Jeffrey D. Sternklar
Jeffrey D. Sternklar

When a bank fails and is liquidated by the Federal Deposit Insurance Corporation (FDIC), and then the bank’s holding company files for bankruptcy, a dispute frequently arises regarding ownership of tax refunds issued to a consolidated group (including the bank and the bank holding company) pursuant to consolidated tax returns.

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Mr. Alan R. Rosenberg
Co-Chair
Markowitz, Ringel, Trusty & Hartog, PA
Ft. Lauderdale, FL
(954) 767-0030

Mrs. April A. Wimberg
Co-Chair
Dentons Bingham Greenebaum
Louisville, KY
(502) 587-3719

Ms. Leslie R. Hendrix
Communications Manager
U.S. Bankruptcy Court for the District of Arizona, Phoenix Division
Phoenix, AZ
(602) 682-4144

Mr. Travis Powers
Education Director
White and Williams LLP
Cranford, NJ
(212) 868-4837

Ms. Camisha L. Simmons
Education Director
Simmons Legal PLLC
Dallas, TX
(214) 643-6192

Mrs. Morgan L. Patterson
Membership Relations Director
Womble Bond Dickinson (US) LLP
Wilmington, DE
(302) 252-4326

Ms. Joanna Diane Caytas
Newsletter Editor
Quinn Emanuel Urquhart & Sullivan, LLP
Houston, TX
(713) 221-7000

Mr. Michael D. Lessne, CPA
Special Projects Leader
Lessne Law
Fort Lauderdale, FL
(954) 372-5759

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