GCK On Law
Tax Liens and Judgments: Changes to Credit Reports Benefit Taxpayers, Harm Others
Historically, the three major credit bureaus – Experian, Equifax, and Transunion – have included tax liens (federal and state) and judgments on its consumer credit reports. Tax liens and judgments are considered “public records,” which can be discovered by third...
Are actions to pierce the corporate veil property of the bankruptcy estate?
Section 541 of the Bankruptcy Code establishes that a debtor’s bankruptcy estate includes “all legal and equitable interests of the debtor in property as of the commencement of the case.” This includes causes of action the debtor has against others as of the...
Judicial discretion in awarding Chapter 7 Trustee compensation under Sections 326 and 330
Section 330(a)(1) of the Bankruptcy Code governs compensation for various categories of bankruptcy court professionals, including Chapter 7 trustees. It states that, “subject to sections 326, 328, and 329, the court may award to a trustee * * * reasonable...
Courts split on protections for trademark licenses under Bankruptcy Code Section 365(n)
While Section 365(n) of the Bankruptcy Code applies to intellectual property licenses, the definition of “intellectual property” is not found within that section of the Bankruptcy Code; rather, the definition is found in Section 101(35A) of the Bankruptcy Code. ...
Avoid an Estimated Tax Penalty Through Withholding and Estimated Taxes
Many taxpayers needlessly pay the IRS thousands of dollars each year through the payment of estimated tax penalties. In fact, the IRS estimates that 10 million people paid estimate tax penalties in 2015. Estimated tax penalties are assessed when a taxpayer is...