Committee Co-Chairs and New Leadership Positions Annouced
ABI is pleased to announce your 2008-2009 co-chairs, as well as the addition of five new leadership positions. These new positions are a result of your feedback regarding opportunities for involvement and advancement in the association.
| Co-Chairs: | David Howard Stein, Esq. John Tittle, Jr., CPA, CIRA |
| Education Director: | Eric Lloyd Pruitt |
| Listserv Moderator: | Eric Lloyd Pruitt |
| Membership Relations Director: | TaeRa Franklin |
| Newsletter Editor: | Neil R. Lapinski |
| Special Projects/Task Force Leader: | Unoccupied/Available |
Click here for contact details for each position, in addition to position descriptions and instructions for expressing your interest in available positions.
Supreme Court Holds the Stamp Tax Exemption Provided by §1146(a) of the Bankruptcy Code Does Not Apply to Pre-confirmation Transfers
Written by:
Leane Capps Medford
ELROD PLLC; Dallas
On June 16, 2008, the Supreme Court resolved the split in authority among appellate courts concerning whether §1146(a) exempts a transfer from the stamp tax when the transfer occurs prior to the confirmation of a plan under chapter 11. Florida Dept. of Revenue v. Piccadilly Cafeterias Inc., 2008 WL 2404077 (U.S. June 16, 2008), 76 USLW 4471. Section 1146(a) of the Bankruptcy Code states that the "issuance, transfer or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1129 of this title, may not be taxed under any law imposing a stamp tax or similar tax." 11 U.S.C.A. §1146(a).
Read the full article
Materials From The 2008 Southeast Bankruptcy Workshop
The ABI recently concluded the 13th Annual Southeast Bankruptcy Workshop, held again at the stunning Ritz-Carlton, Amelia Island, FL. Over 300 attendees enjoyed some Southern hospitality and a great lineup of CLE sessions. The session materials for "Tax Issues In Bankruptcy" featured two interesting papers on the topic, "Ultimate Fighting-Secured Creditors vs. Federal Tax Liens," written by Richard P. Carmody and Ray A. Carle, both of Adams & Reese LLP in Birmingham, AL, and "Tax Claims In Chapter 11 Business Bankruptcy Cases," written by Prof. Jack F. Williams, ABI Resident Scholar. Mr. Carmody moderated the panel which included Prof. Williams and Hon. Paul W. Bonapfel, U.S. Bankruptcy Court, Northern District of Florida. Click the links below to review each paper.
Tax Claims In Chapter 11 Business Bankruptcy Cases - Prof. Jack F. Williams (pdf)
