Statute
Chapter 11
1,295 published works
Restructuring Globalview
Hawkins v. Franchise Tax Board: The Ninth Circuit’s Realistic Interpretation of “Willful Evasion”
The Ninth Circuit Court of Appeals is often criticized for having a high reversal rate. A cursory read of the facts in Hawkins v. Franchise Tax Board of California, decided by…
Elder Law Prof Blog
Debating Fiduciary Duties and Resident Rights in Continuing Care Communities
Last week I was part of a panel hosted by the National Continuing Care Residents' Association (NaCCRA) in Nashville, a component of the larger (much larger!) annual meeting of LeadingAge. The theme for…
In Solvency
Trump Entertainment Resorts Files for Chapter 11 Bankruptcy Protection in Delaware
Trump Entertainment Resorts, along with its affiliated debtors (“Trump Resorts” or “Debtors”), filed for bankruptcy under Chapter 11 of the Bankruptcy Code on September 9, 2014 (the “Petition Date”) in…
PropertyProf Blog
Top SSRN Downloads
In honor of the beginning of the month, here are the most downloaded property articles on SSRN over the last 60 days:1. [290 downloads] How to Do Things with Hohfeld…
SALT Shaker
Sutherland SALT Shaker: August 2014 Digest
Click here to read our August 2014 posts or read each article by clicking on the title. A printable PDF is also available here. To read our commentary on the…
SALT Shaker
Be Careful What You Plan For in California: Bankruptcy Reorg Is Normal Course of Business
By Todd Betor and Timothy Gustafson A California Franchise Tax Board (FTB) Chief Counsel Ruling concluded that a taxpayer’s sales of assets pursuant to a plan of reorganization under Chapter…
Elder Law Prof Blog
Indiana CCRC Files Chapter 11 Bankruptcy to Restructure $14 Million in Debt
From Senior Housing News, comes the word of River Terrace Estates, a nonprofit Continuing Care Retirement Community (CCRC) in Bluffton, Indiana, that filed for protection in bankruptcy court on July…
Elder Law Prof Blog
New York CCRC Files for Reorganization in Bankruptcy Court
The Amsterdam, also known as Amsterdam House at Harborside, has been marketed as the "first and only" life care community in Nassau County. It now also appears to be the first CCRC…
Colorado Non-Compete Law Blog
Bankruptcy and noncompetes in Colorado
By Dan Warden
A recent decision from the Bankruptcy Court in Denver examines (and struggles with) some of the many issues that arise when a person subject to a noncompete files for bankruptcy.…
Elder Law Prof Blog
What Happens to Upfront Fees Paid by Residents of CCRCs — Especially in Bankruptcy Court?
Last week's news of a Chapter 11 Bankruptcy proceeding in the Texas-based senior living company Sears Methodist Retirement Systems, Inc. (SMRS) has once again generated questions about "entrance fees" paid…