9th Circ. Rejects Tax Lien Pro Rata Share In Bankruptcy Sale ...
Read My Lips: No New Fees | Recognizing and Recovering "Tax ...
The reason is simple – virtually all “taxes” receive priority in bankruptcy in laying claim to a debtor's limited assets. By contrast, “fees” or ...
A Cautionary Tale for Insider Lenders: Ninth Circuit Endorses ...
The ability of a bankruptcy court to reorder the priority of claims or interests by means of equitable subordination or recharacterization ...
In re Darnell, 834 F.2d 1263 | Casetext Search + Citator
We conclude that the courts below erred in holding that § 724(b) of the Bankruptcy Code operates to divest tax liens of their status as secured ...
Recent Opinions | Debtor-Creditor Section
The court ruled against debtors. Under ORS Chapter 312, a judgment of foreclosure of tax liens unambiguously divests property owners of their ownership rights, ...
Treatment of the Federal Tax Lien in Bankruptcy Proceedings - jstor
731 (9th Cir. 1946), provides the rationale for the exclusive nature of the ... authorities on a parity: federal and local taxes will share pro rata.6(".
Caselaw Updates – National Consumer Bankruptcy Rights Center
... tax portion of the lien. The court rejected the bankruptcy court's application of the pro rata method, stating that it improperly reduced the IRS's secured ...
Recent Developments in Bankruptcy Litigation 2024
In 2018, Sears filed for Chapter 11 bankruptcy protection. In 2019, Sears sought to sell most of its assets to the respondent subject to bankruptcy court ...
Chapter 12 Bankruptcy Taxation: Did BAPCPA Really Change Tax ...
2. Note: The Ninth Circuit, in its opinion, referenced an earlier version of this article in support of its holding. Income Tax Issues For Debtors in Chapter 12.
Office Leases, Chapter 28 - Bankruptcy - Blank Rome LLP
on a pro rata share of the harbor area lease, with a minimum rent of. $15,000 ... In re Mayan Networks Corp. , 306 B.R. 295, 301. (B.A.P. 9th Cir. 2004). Case ...
DISTRESSED MERGERS AND ACQUISITIONS
Bankruptcy Code to reject the sale agreement, attempt to renegotiate ... the seller must provide a pro rata share of the unfunded portion related to the.
The Cost of Realization by a Secured Creditor in Bankruptcy
... pro rata share of the costs and expenses attributable to the sale. If the ... pro- ceeds due to a secured creditor after a sale free of liens. Also ...
Compilation of Recent Developments in Bankruptcy Law April 2024
... lien. Finally, the judgment on the counterclaim did not create, perfect, or ... (9th. Cir. B.A.P. 2022). 1.1.k Taggart v. Lorenzen standard applies to ...
60. Executory Contracts in Bankruptcy -- Assumption and Rejection
Finally, some courts have held that filing of a motion to sell a contract under § 363 satisfies the requirements of § 365. In re Specialty Foods, Inc., 91 B.R. ...
Bankruptcy - Priorities - Internal Revenue Code Provision Making ...
The trustee, on the other hand, seeks to have the government's claim for taxes share pro rata first priority with other administrative expenses incurred ...
11 USC Ch. 5: CREDITORS, THE DEBTOR, AND THE ESTATE
The House amendment adopts the rule of the Senate bill that the bankruptcy court can, under certain conditions, determine the amount of tax refund claim by the ...
The Trustee in Bankruptcy as a Secured Creditor Under the Uniform ...
creditors are then required to share pro rata in the balance, if any. In any ... (trustee denied subrogation under § 70e to priority of federal tax lien); In re ...
Supreme Court of the United States
3d 792,798 (6th Cir. 2016). Generally, under equitable mootness an Article III appellate court declines to consider an appeal from an Article I bankruptcy court ...
was affirm the Bankruptcy ... entitled to any distribution on account of a lien, pro rata or otherwise. ... effect the pro rata approach would have on tax ...
Bankruptcy Law - Digital Commons @ DU
cured creditors should share equally in a debtor's estate through pro rata distribution). ... For these reasons, the Tenth Circuit properly denied the IRS' claim.
federal tax lien sale. See, e.g., Jolan, 403 B.R. ... While the Bankruptcy Code does not define “good faith,” courts in the Ninth Circuit.