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Equityholder’s Strategy for Shifting Tax Burdens to Creditors Upheld by Third Circuit

08/12/13

In re Majestic Star Casino, LLC, F.3d 736 (3rd Cir. 2013), the U.S. Court of Appeals for the Third Circuit broke from other courts by holding that S corporation status (or “qualified subchapter S subsidiary” or “QSub” status) is not property of the estate of the S corporation’s bankruptcy estate. Other Circuits have routinely held that entity tax status is property of the estate.

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Equityholder’s Strategy for Shifting Tax Burdens to Creditors Upheld by Third Circuit

08/12/13

By Eugene Kim

In re Majestic Star Casino, LLC, F.3d 736 (3rd Cir. 2013), the U.S. Court of Appeals for the Third Circuit broke from other courts by holding that S corporation status (or "qualified subchapter S subsidiary" or "QSub" status) is not property of the estate of the S corporation’s bankruptcy estate. Other Circuits have routinely held that entity tax status is property of the estate.

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Can Facebook Ruin Your Bankruptcy?

06/08/11

social media and bankruptcySocial Media sites, and Facebook in particular, have changed the practice of law.  Divorce lawyers regularly review the opposing party's Facebook profile for evidence of adulte

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Words of Wisdom for High School Graduates

06/06/11

avoid credit cardsYesterday, my son graduated from high school.   His class selected a math/environmental sciences teacher named Nicole Brite to deliver the faculty address to the senior

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Reaffirmation Requires Written and Signed Contract Between You and Your Creditor

05/30/11

reaffirmation agreement in chapter 7I have written before about the pros and cons of entering into a reaf

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Are Social Security Overpayments Dischargeable in Bankruptcy?

05/25/11

social security demands repaymentBecause I handle both personal bankruptcy cases and Social Security disability cases, I

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Reaffirmation of Debt Need Not be Under Same Terms as Original Loan

05/09/11

negotiation with credtorsMost people know that Chapter 7 allows you to wipe out unsecured debt – credit card bills, medical debt and other

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What is a Redemption of Property in Chapter 7

03/19/11

If you are purchasing a vehicle and you file Chapter 7, your options are (1) surrender the vehicle, (2) reaffirm the existing loan, or (3) redeem the vehicle by paying the lender fair market value.  Redemption, which is described at Section 722 of the Bankruptcy Code used to be an uncommon choice.  More recently, however, several lenders have entered the market to finance Section 722 redemptions.  In this video, I discuss how redemptions work and how to know if a Motion for Redemption under Section 722 is a good idea.

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Are You Liable for Ongoing Homeowner's Association Dues if You Surrender Your House in a Bankruptcy?

02/27/11

HOA lawsuitEarlier this month on my Atlanta-bankruptcy web site blog I discussed <

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Supreme Court Hands Credit Card Companies a Big Win

01/12/11

auto ownership expense denied in means testYesterday, the U.S. Supreme Court issued a creditor friendly decision in the case of

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