Radlax Gateway Hotel, et al., v. Amalgamated Bank
(11-166)
Issue:
Issue: Whether a debtor may pursue a chapter 11 plan that proposes
to sell assets free of liens without allowing the secured creditor to
credit bid, but instead providing it with the indubitable equivalent of
its claim under Section 1129(b)(2)(A)(iii) of the Bankruptcy Code. (via
SCOTUSBlog)
Does Section 1399 of the Internal Revenue Code, which provides
that a bankruptcy filing other than an individual chapter 7 or
individual chapter 11 does not give rise to a "separate taxable
entity," mean that the capital gains income tax incurred as a
result of the sale of a family farm by petitioners, who had filed a
chapter 12 bankruptcy petition, is not a Bankruptcy Code administrative
expense owed by the bankruptcy estate and payable under a bankruptcy
reorganization plan? (via SCOTUSBlog)