Everything Old Is New Again: Bankruptcy Tax Issues From The 2008 Downturn To The 2020 Crisis

With U.S. corporate bankruptcies poised to hit a decade-long high as a result of the economic impact of COVID-19, we have prepared these materials that detail the key bankruptcy tax issues and guidance offered by Linda Swartz, the chair of Cadwalader's Tax Group, in old and new speeches and panels. We hope you find this presentation to be both useful and informative. 

For additional information, contact Linda Swartz (linda.swartz@cwt.com).

• Tax Help in the CARES Act of 2020
• IRS Guidance in the 2008 Downturn
• Suspension of AHYDO Rules
• Section 108(i)
• Sections 382L5 and L6
• IRS as Section 382 Rulemaker
• Section 382: Built-In Gain and Loss Rules
• Preventing Ownership Changes
• COD & Credit Bids in Bankruptcy
• Good Debt Gone Bad
  • Dequity
  • Recourse vs. Non-Recourse Debt
  • Significant Modifications of Debt
  • Consequences of Debt Exchanges
  • Choice of Creditor Investment Vehicle
  • Partner Issues in Partnership Debt Restructurings
• Workouts Involving Recourse Debt of Disregarded Entities
  • COD and Disregarded Entities
  • Debt Modification and Disregarded Entities
  • A G Reorganization Solution
• Restructurings of Securitized Debt and Securitization Vehicles

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.