Category archive for ‘Small Business’ 
Priority of Tax Liens
by Richard O'Connor on 8/03/09 | 0 Comment(s)
As part of the 2005 amendments to the Bankruptcy Code, Congress essentially eliminated a Trustee’s ability to subordinate tax liens in a Chapter 7 filing. See 11 USC 724(b). Although fortunate for holders of secured tax claims, remaining secured creditors are now almost always forced to take a back seat to perfected tax liens. There [...]
Protecting Against Deficiency Judgments Through Bankruptcy
by John O'Connor on 4/13/09 | 0 Comment(s)
As a bankruptcy and real estate finance attorney in Charlotte, NC, I meet with many over-extended real estate investors. Entreprenuers who acquired highly leveraged real estate portfolios are now having a difficult time meeting their debt service payments and are left with undesirable choices. Perhaps a construction loan has reached or is past maturity and [...]
