Insurance in the Time of COVID-19

The unprecedented effects of the COVID-19 virus have left the states, like others, with many unexpected expenses coupled with downturns in revenues. An immediate question is whether there are insurance policies that would provide any compensation for those effects. As states make decisions on reopening facilities, are there any liabilities that they may face from…

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NAAG Endorses Bankruptcy Venue Reform Act of 2021

We support H.R. 4193, and S. 2827, the Bankruptcy Venue Reform Act of 2021.

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Bipartisan Coalition of Attorneys General Support Bankruptcy Venue Reform Act

Washington, D.C. — The National Association of Attorneys General (NAAG) today sent a letter to Congress signed by 43 attorneys general in support of the Bankruptcy Venue Reform Act of 2021. The bipartisan legislation would end “forum shopping” and prevent corporations from choosing to file for bankruptcy in whichever district is believed to be more…

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The Continuing Saga of Medical and Recreational Marijuana Under the Bankruptcy Code

In March 2016, an article appeared in the “Affairs of State” column of the American Bankruptcy Institute Journal that discussed the quandary of medical marijuana in the context of banking and cannabis dispensaries’ need for banking services during a bankruptcy case.1 Since then, the legalization of medicinal and recreational marijuana has expanded significantly with several…

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Supreme Court Allows Creditors to Retain Assets Lawfully Seized Prior to Bankruptcy

The Bankruptcy Code (title 11 of the United States Code) provides numerous protections for debtors when they file a bankruptcy petition. Those protections include an automatic stay of “any act to obtain possession of . . . or to exercise control over property of the estate.” §362(a)(3). Section 542(a) of the Code states that a…

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Attorneys General Endorse Bankruptcy Venue Reform Act of 2019

Corporations, however, can file in any district in which they are incorporated, have their principal place of business or principal assets – or in any district where an affiliated entity, no matter how small or recently created, has filed bankruptcy using any of these provisions.

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Supreme Court Cases on Bankruptcy (2018)

This course discusses several Supreme Court on bankruptcy and tax issues from the 2018 term. It covers the holdings, how they will be applied, and what effect they will have on the states going forward. These cases include: Franchise Tax Board of Ca. v. Hyatt (No. 17-1299), Mission Product Holdings Inc. v. Tempnology, LLC (No. 17-1657), Taggart v. Lorenzen (No. 18-489), and Obduskey v. McCarthy & Holthus LLP (No. 17-1307).

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Attorneys General Support Bankruptcy Venue Reform Act of 2019

Washington, D.C. — The National Association of Attorneys General (NAAG) sent a letter to members of Congress voicing support of the Bankruptcy Venue Reform Act of 2019 (H.R. 4421). The legislation will prevent a corporation from filing for bankruptcy in a district that it believes would be more favorable on issues to the debtor’s advantage—a practice…

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Notice Issues in the Age of Social Media

Read carefully, Mullane requires that courts must constantly examine the methods of notice they are using and rethink their approach to giving notice.

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Read My Lips: No New Fees | Recognizing and Recovering “Tax” Claims in Bankruptcy Cases

While the U.S. Supreme Court and various circuit courts have tried to provide guidance on how best to determine whether a particular obligation owed to a government entity is a "tax," "fee," "penalty," or a simple contract debt, clarity on the subject remains lacking. This article aims to offer more clarity and ensure governments that find themselves in bankruptcy cases can avoid state losses.

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