In the 8th Circuit, income tax debt owed under late filed tax returns could, under certain circumstances, be discharged by individual debtors in their bankruptcy cases.
Minnesota has expanded the types and value of assets that individuals may protect from creditors.
Payments made to creditors in the 90-days before a bankruptcy filing can be subject to recovery as “preference claims.”
The choice of a chapter 11 operating trustee can provoke a fight. Follow this guide for a smooth path through the process of displacing an interim chapter 11 trustee or challenging an election.
Are trademarks “intellectual property” under the Bankruptcy Code? According to a recent decision from the First Circuit Court of Appeals, the answer is “no,” and Section 365(n) of the Code does not offer protection to trademark licensees when the licensor files for chapter 11.
In addition to the normal hurdles debtors face in chapter 11 cases, many energy and farmer debtors must address the safe harbor provisions of 11 U.S.C. § 556, which permit forward contract counterparties to terminate forward contracts immediately after a bankruptcy filing.
The impact of Jevic may have a wide ranging impact on how Chapter 11 cases are administered in the future.
Jim Baillie conducted a joint interview of retired Bankruptcy Judge John Connolly and Mel Orenstein for the National Bankruptcy Archives.
The new receivership and assignment for benefit of creditors statutes took effect in 2012.
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