Corporate Bankruptcy Tax Refund Litigation After Rodriguez v. FDIC
Interpreting Tax Allocation Agreements Under State Law
Note: CPE credit is not offered on this program
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will examine the effect of Rodriguez v. FDIC (In re Western Bancorp Inc.), No. 18–1269 (Feb. 25, 2020), on the crucial issue of how to resolve consolidated corporate tax refund disputes in bankruptcy cases and how to interpret complicated tax sharing and tax allocation agreements. The program will guide bankruptcy counsel in determining or litigating how to allocate tax refunds absent a tax sharing agreement and how tax sharing agreements are drafted and enforced in bankruptcy.
- Overview of consolidated returns
- Bob Richards rule
- Rodriguez v. FDIC
- Applying Rodriguez v. FDIC in bankruptcy
- When all members of group are not debtors
- When substantive consolidation is absent
- Enforcability of "informal" tax sharing agreements (TSA) in bankruptcy
- Avoidability of recently entered TSA among affiliates or insiders
- Priorities of claims for payment under a TSA
- Effect on Section 363 sales and post-bankruptcy acquisitions
- Interaction of federal regulations and state law
- Bankruptcy litigation issues
The panel will review these and other key issues:
- What is the impact of Rodriguez v. FDIC in corporate reorganzaiton cases?
- Can courts "redline" or reform allocation agreements?
- What type of claim do affiliates have against the "owner" of the refund?
- Are there any equitable bankruptcy principles that might aid an affiliate claiming part of a refund?
Craig K. Schuenemann
Bryan Cave Leighton Paisner
Mr. Schuenemann represents national banks, real estate investment entities, energy companies and corporations in... | Read More
Mr. Schuenemann represents national banks, real estate investment entities, energy companies and corporations in proceedings before federal bankruptcy courts. He specializes in representing secured creditors in all facets of the bankruptcy process. Mr. Schuenemann also routinely appears on behalf of unsecured creditors, committees, and foreign trustees and has achieved victories for several clients in adversary proceedings brought by Chapter 7 and Chapter 13 Trustees. In concert with his bankruptcy practice, he often counsels clients on receiverships, workouts and distressed transactions.Close
to be announced.
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