Editor’s Note: This is the second installment of a two-part series by the author. The first article was published in the December 2013 edition of the Business Reorganization Committee Newsletter.

The Bankruptcy Case: Determining Insolvency When Key Assets Are People

Federal tax refunds generated from investment or operating losses can represent a sizeable claim for an individual taxpayer or a consolidated taxpayer group. Ownership of tax refunds among consolidated members is not dictated by federal law, the Internal Revenue Code or regulation, but can be specified in tax-sharing agreements among affiliates.

Sen. Elizabeth Warren (D-Mass.), among others, has introduced “The 21st Century Glass-Steagall Act,” which primarily seeks to restore the bank regulatory barriers that existed before 1999, when the original Glass-Steagall Act’s ban on commercial banks owning investment banks was repealed.[1] However, tacked onto the end of the bill is a provision that would repeal §§ 555, 559, 560, 561 and 562 of the Bankruptcy Code.[2]

Editor’s Note: This article provides a general overview of the current state of financial institutions’ resolution planning as required by the Dodd-Frank Act and is the first in a series of related articles.

With the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) in 2010, there is no denying that life as it was known at the time for large financial institutions was inexorably changed.