Tax Issues

Content related to tax issues in a bankruptcy context

  • Hon. Steven W. Rhodes Consumer Bankruptcy Conference

    Hon. Steven W. Rhodes Consumer Bankruptcy Conference

    Detroit, MI ~ November 12

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  • IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged

    IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged

    Under 26 USC §7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge order.

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  • Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling

    Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling

    "[...]expect more adversary proceedings about what a debtor “obtained” from a creditor and the amount of information the creditor has about the debtor’s financial condition"

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  • The Effect of Tax Reform on Debt Discharged in Chapter 11

    The Effect of Tax Reform on Debt Discharged in Chapter 11

    The Tax Cuts and Jobs Act of 2017 may have a significant impact on after-tax cash flow in the years following an emergence from chapter 11.

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  • When Tax Claims Can Tip the Scales: Expanding the Look-Back Period on Fraudulent-Transfer Claims

    When Tax Claims Can Tip the Scales: Expanding the Look-Back Period on Fraudulent-Transfer Claims

    Idaho Bankruptcy Court recently ruled in In re CVAH Inc. that a trustee can “step into the shoes” of the IRS and utilize the transfer avoidance powers within both the FDCPA and the IRC.

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  • Tax Reform for Restructuring Lawyers

    Tax Reform for Restructuring Lawyers

    [T]here are a number of provisions that restructuring lawyers should be aware of in the once-in-a-generation tax reform bill signed by President Trump on Dec. 22, 2017.

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  • Tax Trap: When Debt Forgiveness Is Not a Free Pass

    Tax Trap: When Debt Forgiveness Is Not a Free Pass

    Not many founders of a new business consider, at the time the new business is founded, the potential U.S. federal income tax consequences to them should the new business fail.

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  • A Different Sort of Tax Refund: The Ninth Circuit Allows Debtors in Possession to Recover Tax Payments to the IRS Under § 544(b)

    A Different Sort of Tax Refund: The Ninth Circuit Allows Debtors in Possession to Recover Tax Payments to the IRS Under § 544(b)

    In re DBSI Inc., offers new precedent that swings the balance back toward debtors and general unsecured creditors at the expense of the IRS.

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  • Current State of Consumer Bankruptcy Law, Most Litigated Consumer Issues24:43

    Current State of Consumer Bankruptcy Law, Most Litigated Consumer Issues

    ABI Deputy Executive Director Amy Quackenboss talks with David Cox of Cox Law Group and Elizabeth Gunn of the Office of the Virginia Attorney General about their new consumer book.

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  • Circuit Court Split: The One-Day-Late Rule and Dischargeability of Tax Debt

    Circuit Court Split: The One-Day-Late Rule and Dischargeability of Tax Debt

    Section 727(b) of the Bankruptcy Code provides for the discharge of debts that arose prior to the petition date.

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  • Skill and Will: Talent Is Key to the Turnaround of Distressed Municipalities

    Skill and Will: Talent Is Key to the Turnaround of Distressed Municipalities

    How will changing a government's compensation and benefits approach more efficiently utilize taxpayer resources? And what other low-cost steps can be taken to meet government job requirements?

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  • 7th Circuit Decision Might Impact State Property Tax Sales

    7th Circuit Decision Might Impact State Property Tax Sales

    A recent decision by the Seventh Circuit, purchasers of real property through tax sales conducted by certain states may begin to doubt the benefits of such an investment.

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  • Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property

    Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property

    District judge refuses to give automatic stay protection to a tax evader.

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  • Discharge of Old Tax Debt

    Discharge of Old Tax Debt

    There are circumstances when taxpayers should be able to discharge debt from untimely returns.

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  • Avoiding Tax Cheating with Subchapter K!

    Avoiding Tax Cheating with Subchapter K!

    In an increasingly global world hastened by rapid technological advances, dishonest taxpayers now have more means at their disposal than ever before to evade lawful state taxes.

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  • How Overpaid Taxes Might Become Property of the Estate

    How Overpaid Taxes Might Become Property of the Estate

    A debtor’s right to overpayments as of the date that a bankruptcy case is filed becomes property of the estate — even if the debtor elects to apply such overpayments to a future tax return.

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  • Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes

    Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes

    Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.

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  • Income Tax Roadmap

    Income Tax Roadmap

    To help bankruptcy trustees in their administration of asset cases, we offer a high-level view of some common — but complex — tax issues.

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