Real Property Sale Proceeds Must Be Used to Pay Unavoided Portion of IRS Tax Lien First
February 01, 2025
Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, this article reports on a recent Ninth Circuit decision that reversed a decision of the bankruptcy court, affirmed by the district court, allocating the distribution of the proceeds of a sale of real property pro rata between the Internal Revenue Service on account of its tax lien, and the bankruptcy estate.
Landlord & Tenant Law
February 01, 2025
Yellowstone Injunction Denied Because Failure to Procure Insurance Is an Incurable DefaultLandlord Bound By Agreement Setting Market Rent At Pandemic Levels
Best Practices for AI Compliance and Security
February 01, 2025
Creating new forms of artificial intelligence may be a great leap forward, but controlling them can be a stumbling block for businesses and government agencies alike.
Franchisers: Watch Out for Fraud When Using a Franchise Broker
February 01, 2025
Because franchise brokers have been historically free from making any type of disclosures about their pre-exiting relationship with the franchise companies they are marketing to the prospect, the prospect often feels that the broker is working for them, when in fact, the broker has a financial incentive to make a sale.
Trump Looks to Sell Fed Offices to Private Sector While Demanding Full RTO
February 01, 2025
The Trump administration wants to sell two-thirds of the government’s office stock to the private sector. The actions could have a significant impact on the DC property market. Many landlords depend on the government as an anchor tenant. If the space is suddenly cut loose, it could fall in value and leave owners without many options.
New York Bankruptcy Judge Allows Case Against Crypto CEO to Move Forward
February 01, 2025
U.S. Bankruptcy Judge Martin Glenn of the U.S. District Court for the Southern District of New York ruled that a lawsuit, in which the plaintiff alleged that Alex Mashinsky, the founder and ex-CEO of Celsius Network, caused the insolvent crypto lender to incur billions of dollars in damages, can move forward because the terms of the agreement to stay stated that it would be lifted when the litigant’s criminal trial ended.
Potential Antitrust Risks When Using AI-Driven Software Pricing Tools
January 01, 2025
Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but can also lead to serious antitrust risks.
Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy?
January 01, 2025
One of the most significant calls on cash in a bankruptcy involves post-petition rent obligations due on leased facilities. Under the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.
What You Need to Know About PA’s Act 52
January 01, 2025
The Wholesale Real Estate Transaction Transparency and Protection Act, which requires real estate wholesalers to obtain licensing and grants additional protections to property owners in wholesale transactions, will take effect on Jan. 4, 2025.
