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Letters of Intent – Real Estate and Business Transactions

Letters of Intent – Real Estate and Business Transactions Epps & Coulson, LLP is and has been counsel for buyers and sellers of real estate, operating businesses and asset buy/sale transactions, both in normal conditions, as well as in bankruptcy and receivership conditions.  Regardless of the environment in which the...

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Bankruptcy Can Fix Tax Problems

Bankruptcy Can Fix Tax Problems While many taxes cannot be eliminated in a bankruptcy, personal income taxes, can potentially be discharged if the tax payor meets the following four (4) criteria: (1) The date the tax return was due to be filed is more than 3 years before the bankruptcy...

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Landlords, Tenants, Guaranties and Bankruptcy

Landlords, Tenants, Guaranties and Bankruptcy The new case of Lariat Company, Inc. v. Wigley (In re Wigley), 15 F.4th 1208 (8th Cir. 2021) shows exactly what a landlord should do in pursuing a guarantor (and his wife) when the tenant defaults and the guarantor tries shenanigans to try to avoid...

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New Federal Rule on “Surprise Medical Bills”

New Federal Rule on “Surprise Medical Bills” On July 1, 2021, the US Department of Health and Human Services (HHS,) Labor and Treasury and the office of Personnel Management, issued “Requirements related to Surprise Billing; Part 1,” an interim final rule restricting “Excessive” out of pocket cost to consumers. This...

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Bankruptcy:  New U.S. Supreme Court Case on Automatic Stay – Holding Property To Maintain Status Quo Does Not (Necessarily) Violate Automatic Stay

Bankruptcy:  New U.S. Supreme Court Case on Automatic Stay Holding Property To Maintain Status Quo Does Not (Necessarily) Violate Automatic Stay:  Bankruptcy courts in most jurisdictions have held over the years that merely keeping property of a debtor after the debtor filed a bankruptcy petition violated the automatic stay provisions...

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NEW LANDLORD PROTECTIONS – COVID BANKRUPTCY FILINGS BY TENANTS

NEW LANDLORD PROTECTIONS - COVID BANKRUPTCY FILINGS BY TENANTS The newly enacted Consolidated Appropriations Act, 2021 (“CAP”) makes several amendments to the Bankruptcy Code based upon the severe financial hardships suffered by both tenant debtors and landlords as a result of the COVID-19 pandemic.  The amendments relate to the deferral...

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Bankruptcies: Abatement of Rent During the Pandemic

Bankruptcies:  Abatement of Rent During the Pandemic 2020 has not been kind to landlords, restaurants, and other segments of the retail industry. Commercial landlords need rents to pay the property taxes, insurance and mortgage, which may be guarantied by the owners of the corporate landlord. Commercial tenants need retail sales...

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