Draft Treasury Legislation Would Give Puerto Rico Access to "Super Chapter 9" and Chapter 9 Bankruptcy
February 25, 2016 | Blog | By Leonard Weiser-Varon, William Kannel
A draft of the U.S. Treasury's proposed debt restructuring legislation began circulating earlier today. The draft legislation would give Puerto Rico, as well as other U.S. territories, and their municipalities access to U.S. bankruptcy court under a new chapter of the U.S. Bankruptcy Code (so-called "Super Chapter 9").
December 8, 2015 | Blog | By Leonard Weiser-Varon, William Kannel, Eric Blythe
It is said that muddy water is best cleared by leaving it be. The Supreme Court’s December 4 decision to review the legality of Puerto Rico’s local bankruptcy law, the Recovery Act, despite a well-reasoned First Circuit Court of Appeals opinion affirming the U.S. District Court in San Juan’s decision voiding the Recovery Act.
ABLE Programs and Beneficiaries Boosted by Helpful Guidance from IRS and Social Security Administration
November 23, 2015 | Blog | By Leonard Weiser-Varon
The Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), one of the few recent examples of bipartisan cooperation on a new category of tax and budget expenditure, is both well-intentioned in its principles and cumbersome in its details, another example of the proposition that a camel is a horse designed by a committee.
November 19, 2015 | Blog | By Leonard Weiser-Varon, Maxwell Solet
On November 13, the IRS issued Notice 2015-78, providing favorable guidance on topics of interest to providers of “supplemental” or “alternative” student loans financed with tax-exempt bonds and to underwriters of such student loan bonds.
October 21, 2015 | Blog | By Leonard Weiser-Varon
We are delighted and proud to share the news that our colleague Meghan Burke has been selected to receive the Freda Johnson Award for Trailblazing Women in Public Finance at the Bond Buyer's Deal of the Year ceremony in New York on December 3rd.
September 28, 2015 | Blog | By Leonard Weiser-Varon, William Kannel
Last week, the Working Group for the Fiscal and Economic Recovery of Puerto Rico gave the broadest hint yet of the next tactic in Puerto Rico’s ongoing quest to deleverage itself.
June 29, 2015 | Blog | By Leonard Weiser-Varon
The IRS’s recently-published proposed regulations for Section 529A qualified ABLE programs have taken some wind out of the sails of state program administrators and potential program managers who had hoped for regulations that hewed closer to the requirements in effect for qualified tuition programs under Section 529, on which Section 529A was based.
June 23, 2015 | Blog | By Leonard Weiser-Varon, Maxwell Solet, Christie Martin
Treasury and IRS today announced a decision to withdraw the much-criticized portion of the notice of proposed rulemaking published in the Federal Register on September 16, 2013 (the “2013 Proposed Regulations”) related to the definition of issue price for tax-advantaged obligations and to propose a revised definition of issue price in its place.
June 19, 2015 | Blog | By Leonard Weiser-Varon
The IRS today published, right on deadline, its proposed regulations relating to Section 529A state-sponsored “qualified ABLE programs,” under which tax-advantaged investment accounts may be established to fund future “qualified disability expenses” of eligible disabled individuals.
May 6, 2015 | Blog | By Leonard Weiser-Varon, William Kannel
A few reactions to today’s oral arguments before the U.S. Court of Appeals for the First Circuit regarding the validity of Puerto Rico’s Recovery Act.
March 15, 2015 | Blog | By Leonard Weiser-Varon
Pi Day comes but once a century, on 3/14/15. The Internal Revenue Service receives praise approximately as frequently. But the IRS deserves applause for its Notice 2015-18, released March 10, 2015, giving the green light to states to proceed with the establishment of tax-free investment programs for the disabled under new Section 529A of the Internal Revenue Code.
March 14, 2015 | Blog | By Leonard Weiser-Varon, John Regier, Breton Leone-Quick
Last week, the National Association of Bond Lawyers held its 13th Annual Tax and Securities Law Institute. Some of the panels included current and former employees of the SEC who spoke on several of the more notable recent developments with respect to enforcement actions in the Municipal Securities space.
February 8, 2015 | Blog | By Leonard Weiser-Varon, William Kannel
A similar question can be asked now that the federal district court in Puerto Rico has struck down the Puerto Rico Public Corporation Debt Enforcement and Recovery Act.
January 19, 2015 | Blog | By Leonard Weiser-Varon
The recently-enacted federal ABLE statute provides a long-awaited vehicle for tax-exempt investing to meet future disability-related expenses of disabled individuals.
December 30, 2014 | Blog | By Leonard Weiser-Varon
The IRS recently published a December 9, 2014 Chief Counsel Advice Memorandum to the effect that the defeasance of taxable Build America Bonds (BABs) causes a tax reissuance of the bonds, with the consequence that the municipal issuer ceases to be eligible for federal government interest subsidies for the period from the defeasance date to the redemption date.
Municipal Bond Interest Paid By a Bond Insurer After an Issuer's Bankruptcy Discharge Can Remain Tax-Exempt
December 22, 2014 | Blog | By Leonard Weiser-Varon, Maxwell Solet
In the aftermath of recent municipal bankruptcies in which issuers proposed and/or implemented bankruptcy plans involving partial discharges of the issuer’s payment obligation on insured bonds, there has been increased focus on whether municipal bond interest paid by a bond insurer after the bankruptcy plan's effective date continues to be tax-exempt.
December 17, 2014 | Blog | By Leonard Weiser-Varon
On December 16, 2014 the U.S. Senate approved the Achieving a Better Life Experience (“ABLE”) legislation previously approved by the House, authorizing state-sponsored tax-exempt savings programs for disability-related expenses.
SEC Introduces “Control Person” Liability as Enforcement Action Weapon in Claim Against Municipal Officer for Misleading Bond Offering Document
November 10, 2014 | Blog | By Leonard Weiser-Varon
The U.S. Securities and Exchange Commission recently settled the first securities fraud charges brought against a municipal official alleging “control person” status under the federal securities laws.
November 7, 2014 | Blog | By Leonard Weiser-Varon, Maxwell Solet
On October 24, 2014, the Internal Revenue Service issued Notice 2014-67 (the “Notice”), which provides important guidance and increased flexibility for issuers and conduit borrowers of tax-exempt bonds regarding contracting with private parties in a manner that avoids “private use” by such parties of bond-financed facilities.
Pennsylvania Amends Act 47 to Give the Commonwealth More Oversight and its Municipalities Less Time to Reorganize
November 7, 2014 | Blog | By Leonard Weiser-Varon, William Kannel, Adrienne K. Walker
Pennsylvania’s legislature recently approved House Bill No. 1773, an overhaul to its Municipalities Financial Recovery Act, commonly known as “Act 47.” HB 1773 was signed into law by Governor Tom Corbett on October 31, 2014.
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