Bankruptcy Taxation

The Supreme Court has handed down three rulings during its current term that impact bankruptcy practice: The Supreme Court ruled unanimously on January 14 in Ritzen v. Jackson Machinery that an order denying a motion to modify the automatic stay is a final, appealable order “when the bankruptcy court unreservedly grants or denies relief.” In a per curiam opinion on February 24 in Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, the Supreme Court has banned the term “nunc pro tunc” from the bankruptcy lexicon. The Court also ruled that a state court altogether lacks jurisdiction in a removed action until the case has been formally remanded. The Supreme Court ruled on February 25 in Rodriguez v. Federal Deposit Insurance Corp. that federal courts may not employ federal common law to decide who owns a tax refund when a parent holding company files a tax return but a subsidiary generated the losses giving rise to the refund. A panel of distinguished bankruptcy experts will discuss each of these cases to provide you with insights for your practice.

The 2017 Tax Cuts and Jobs Act made significant changes to the Internal Revenue Code. This panel will discuss certain tax changes that may adversely affect financially troubled business operations, debt restructurings, reorganizations and liquidations.

The Tax Cuts and Jobs Act significantly changed many aspects of business taxation, especially for distressed companies. The way net operating losses work has fundamentally changed. The ability to deduct interest expense is now significantly limited and, as a result, distressed companies may have very different tax profiles than they previously have had. Changes to several rules impact the decision on whether to structure a reorganization as a tax-free transaction or a “Bruno’s” taxable transaction. The international tax regime has been fundamentally altered, both with respect to normal operations and with respect to long-standing issues regarding the appropriate scope of pledges and guarantees that can be provided in connection with DIP financing and cash collateral packages. All of these rules remain subject to an active and very much ongoing regulatory process that places a significant degree of uncertainty around tax outcomes. The panel will highlight and contextualize these key issues so that restructuring specialists can be aware of their potential impact.

This program will include discussion of a series of issues that arise in adversary proceedings. They will include Merchant Cash Advance Chapter 5 litigation; trustees attempted 10 year IRS statute of limitations use in section 544 actions; license issues on contested sales (Lubrizol); jurisdiction in international cases). This program is designed for lawyers with beginner level experience in adversary proceedings.

Preparing for Success: Managing Tax Issues in Consumer Bankruptcy. The panel will discuss common tax issues arising in consumer bankruptcy cases, with a focus on tax claims, the consequences of when a bankruptcy petition is filed, consequences of chapter selection, handling tax claims in bankruptcy and common discharge issues. Learning Objectives:A Attendees will be able to identify numerous tax issues to be considered before and after a consumer bankruptcy petition has been filed.Attendees will have the benefit of viewpoints offered by a U.S. Government lawyer, a consumer lawyer and a bankruptcy judge on numerous tax issues.

This panel will cover issues relating to the discharge of tax claims, objecting to tax claims and the utility of § 505, the consequences of not having tax returns on file as of the petition date, and other tax-related issues that impact debtors.

Tax debts are often viewed as unsurmountable obstacles to a financial future. Both businesses and individuals have options. One popular program is the “Offer in Compromise”, which allows taxpayers to wipe out their tax debts for less than is owed. Bankruptcy is also a powerful solution for certain types of tax liabilities. This webinar will explore which resolution option will be the most effective restructuring tool.

It is not uncommon for issues to arise in consumer cases after they are filed regarding pre-petition and post-petition tax liabilities. To make sure that a client understands the possible outcome of these issues and is not surprised when they crop up after the bankruptcy petition is filed, it is imperative that debtor’s counsel alert and counsel the debtor about these potential issues before the petition is filed. What tax clams are nondischargeable? What constitutes a tax return for purposes of § 523? What is a tax transcript, how can one get one from the IRS, and how does one interpret what it says? This session will also focus on understanding the implications of unfiled returns and substitute returns, especially the current split among the circuits regarding late-filed returns and their consequences for determining dischargeability, distinguishing the treatment for secured, priority and general unsecured claims in chapters 7 and 13, interest on secured or nondischargeable tax claims, and advising the client as to whether chapter 7 or 13 is the best course of action to deal with the debtor’s tax liabilities.

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.