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Vol 12, Num 2 l June 2015

Technology and Intellectual Property

► In This Issue:

The Purchaser of a Tax Lien Is the Holder of a “Tax Claim” Under 11 U.S.C. § 511(a)

ABI

Andrew Reardon
St. John’s University
School of Law 

Jamaica, N.Y.

Editor’s Note: The following article, “The Purchaser of a Tax Lien Is the Holder of a 'Tax Claim' Under 11 U.S.C. § 511(a),” won the prize for second place in the Seventh Annual ABI Bankruptcy Law Student Writing Competition. The author, Andrew Reardon, is a recent graduate of St. John’s University School of Law in Jamaica, N.Y. In addition to recognition and publication of his article in the Bankruptcy Taxation Committee Newsletter, Mr. Reardon receives a cash award of $1,250, sponsored by Jenner & Block LLP, and a one-year ABI membership.

Governmental entities may impose a tax lien against property for delinquent taxes owed on such property or as a result of the property owner’s failure to pay income or other taxes. Once the tax lien is perfected, the governmental entities can either enforce the lien or sell the liens in order to recover the delinquent taxes. Private entities may purchase the liens, which often impose high interest rates on the debtors. A purchaser of the tax liens will be able to collect payment directly from the debtor when the property is sold or, if necessary, foreclose, while the government entity can use the proceeds from the sale to reduce its own debt. Issues often arise when the debtor subsequently files for bankruptcy and attempts to reduce the interest rate on the tax lien.
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Free Webinar Announced: Practical Impact of Preference Actions

Hosted by the Young and New Members & Bankruptcy Litigation Committees. The ABI Commission Report proposes some significant changes to the Bankruptcy Code, and the preferential transfer statute in Section 547 is no exception.  This webinar explores the rationale behind the recommendations, such as the good faith belief for filing a demand letter or preference complaint, the increase in the statutory minimum to bring a preference action, and more.  Most importantly, the panel will assess the practical effects and foreseeable impact of implementing these recommendations.  This webinar is a must-attend for attorneys who regularly represent creditors, liquidating trustees, and panel trustees in preference actions.

Register today!
This webinar is free thanks to the generous support of these sponsors:
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New and Improved! ABI's Committee Website has Moved

You may have noticed a few changes to the committee site over the last week, including a new location. The committees' webpages have now been integrated into the main ABI website. To access these new pages, simply visit abi.org, hover over the "Membership" tab, and click on "Committees." Here, you will be able to access newsletter articles, recent recordings, announcements, listserve activity and contact information for your leadership team.

Not sure of what committees you are a member? Update your profile, select the "Committees" tab and use the check boxes to update your status. While you're here, take a few moments to update your full preferences, including CLE and bar information, contact information, title, and more. Uploading a professional photo is also a great way to make yourself more visible in the directory. Not only will your photo be included in the directory, but ABI staff will also have it available for use with any future article or speaking bylines.

Have comments, questions or concerns? Email us through our new support system: support@abi.org.

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