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.
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).
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…
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.