Archives for March 2021

How In Re Shin Could Influence Which Bankruptcy Taxes are Dischargeable

Admin on March 30, 2021 Posted in Bankruptcy News, Blog

In a recent bankruptcy case (In Re Shin), a court questioned whether the recapture obligation of the first-time homebuyer credit constitutes a “tax” that can be applied to the non-discharge provision of the bankruptcy code. This credit refers to a tax credit established by the Housing and Economic Recovery Act of 2008. The credit, which […]

Court Split Occurs Involving Whether Section 546(e) “Financial Participant” Excludes Debtors

Admin on March 15, 2021 Posted in Bankruptcy News, Blog

In December 2020, a Delaware bankruptcy court held that the term “financial participant” as used in the safe harbor provisions of Section 546(e) of the Bankruptcy Code does not unequivocally exclude debtors. The Delaware court’s ruling is notable because it marks a split from a 2019 Southern District of New York court ruling. The Issue […]