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Will Supreme Court Settle Sale of Tax Liens Issue?
The sale of tax liens has long been a method for the collection of delinquent property taxes, water and sewer charges, and other assessments by municipalities. An efficient market for these liens, which are often acquired by sophisticated entities holding extensive tax sale certificate portfolios, ensures that municipalities do not suffer the financial consequences of delinquent property owners. On the other hand, the statutory tax sale scheme, which awards tax sale certificates to the bidder of the lowest rate of interest on unpaid taxes, affords those same property owners an opportunity to redeem the certificates at a reasonable cost before a final tax foreclosure sale.
The Third Circuit's decision in In re Hackler and Stelzle-Hackler v. Arianna Holdings Co., LLC, 938 F.3d 473 (3d Cir. 2019), and its progeny have created a potential drag on the market for the sale of tax liens by holding that tax foreclosure sales may be avoidable as preferential and fraudulent transfers by property owners who subsequently seek relief under the United States Bankruptcy Code. While the Sixth and Seventh Circuits have joined the Third Circuit in holding likewise, the Fifth, Ninth, and Tenth Circuits have held to the contrary. If the Supreme Court eventually weighs in to resolve this circuit split, property owners, municipalities, and potential bidders for tax liens across the country will receive greater clarity on this critical issue.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.