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Tax authorities face high hurdles to shield payments from preference actions

  • Reed Smith LLP
  • -
  • USA
  • -
  • January 19 2009

In a case that has broad implications for trustees and taxing authorities embroiled in preference avoidance actions, the Bankruptcy Court for the Western District of Missouri weighed in on the parameters of a trustee's ability to avoid preferential sales and use tax payments under section 547 of the Bankruptcy Code

New York ruling extends tax exemption in bankruptcy sales

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 15 2009

The U.S. Bankruptcy Court for the Southern District of New York issued a decision earlier this year that is likely to have a significant impact on bankruptcy sales of property

1031 exchange agreements: drafting failure can lead to unsecured status

  • Reed Smith LLP
  • -
  • USA
  • -
  • July 8 2009

A Virginia bankruptcy court has issued a decision that should be a major eye-opener for any entity that engages in tax-free exchanges under section 1031 of the Internal Revenue Code

Are you waiving your right to a deficiency claim if you list your claim as fully secured on the proof of claim?

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 19 2011

In a very recent decision by the Court of Appeals for the Eleventh Circuit, In re J.H. Investment Services, Inc., the court held that a creditor must take an affirmative step to pursue an unsecured claim, and that section 506(a)(1) of the Bankruptcy Code does not automatically provide for a deficiency claim

Low-income housing tax credits must be included in valuing section 506(a) collateral

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 15 2012

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