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§ 1146(a)

Salas, In re

Jul
11
2020
Ruling
Transfer and future recordation of the deed were not exempted from taxation as the transfer itself was not "in accordance with the plan. (Bankr. D.D.C.)
Issue(s)
Special Tax Provisions; Securities and Instruments of Transfer Not Taxed.

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Court :
( Judge Teel ) [ Bankruptcy Court ]
Consumer opinion summary, case decided on July 11, 2020 , LexisNexis #0820-070
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Upper Hanover Twp. v. T.H. Props. LP (In re T.H. Props. LP)

Oct
02
2013
Ruling
Transfers not made "under a plan confirmed" were subject to local taxation.
Issue(s)
Were "new value" transfers of real estate under confirmed plan, intended to avoid problems with absolute priority rule, taxable by local authorities.

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Commercial opinion summary, case decided on October 02, 2013 , LexisNexis #1013-101
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In re New 118th Inc.

Jan
09
2009
Ruling
Preconfirmation transfer of real property that was necessary to plan was tax exempt where delivery of deed would take place after confirmation.
Procedural posture

The City of New York filed objections to the chapter 11 trustee's claim to tax exemption under 11 U.S.C.S. § 1146(a) to the transfer of some $ 54 million in real property from the debtors' estates to a third-part purchaser, under a plan confirmed under 11 U.S.C.S. § 1129, where the sale was agreed to pre-confirmation, but closed after confirmation and where the transfer was necessary to the consummation of the plan.

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Commercial opinion summary, case decided on January 09, 2009 , LexisNexis #0209-054
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Florida Dept of Revenue v. Adventure Parks Group LLC (In re Adventure Parks Group LLC)

Aug
13
2008
Procedural posture

Before the court was appellant State of Florida, Department of Revenue's challenge to the U.S. Bankruptcy Court for the Middle District of Georgia's finding that the transfer of assets from appellee debtor to an asset purchaser was exempt from taxes under 11 U.S.C.S. § 1146(a). Debtor filed a motion to dismiss appeal arguing that the appeal was moot. The purchaser filed a brief in support of the motion.

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Commercial opinion summary, case decided on August 13, 2008 , LexisNexis #0908-012
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Florida Dept. of Revenue v. Piccadilly Cafeterias Inc.

Jun
16
2008
Ruling
Exemption for state stamp tax did not apply to post-petition, pre-confirmation transfers.
Procedural posture

Petitioner state revenue department challenged a bankruptcy court's summary judgment in favor of respondent debtor, which granted an exemption under 11 U.S.C.S. § 1146(a) for assets transferred after it had filed for bankruptcy but before its chapter 11 plan was confirmed. The United States Court of Appeals for the Eleventh Circuit affirmed. Certiorari was granted to resolve a conflict among the circuits.

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Commercial opinion summary, case decided on June 16, 2008 , LexisNexis #0708-068
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In re Complete Retreats LLC

Dec
29
2006
Ruling
Exemption from state taxes could not be included in debtor's order for sale of assets where no plan had been confirmed.
Procedural posture

The State of Florida Department of Revenue filed a limited objection to the debtor's motion to approve a sale of substantially all of its assets, pursuant to 11 U.S.C. § 363(b) and (f).

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opinion summary, case decided on December 29, 2006 , LexisNexis #0407-008
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