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With the year-end holidays fast approaching, many businesses are in the midst of assessing their 2012 performance and planning for 2013.

This memorandum provides an update regarding certain tax and trust law changes of interest to individual clients, as well as related planning opportunities that clients may wish to consider.

In Observation 1.1.1, we discussed the surprise treatment under the new Volcker Rule regulations1 of collateral debt obligations (CDOs) backed by trust preferred securities (TruPS) as "covered funds," which would force banking entities to divest their interests in these securitizations from their portfolios.

The Securities and Exchange Commission recently entered into a memorandum of understanding with various member states of the European Union and European Economic Area formalizing an agreement that facilitates the sharing of information and other assistance between the regulators in relation to private fund managers.

The "Purple Book," will list all biological products, including any biosimilar and interchangeable biological products, licensed by the FDA.

On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") into law after the legislation passed the United States Senate in a 96-0 vote

In May, the EU's second highest court annulled a European Commission prohibition of the previously-proposed takeover of the UK's O2

About a year and a half after an individual filed a chapter 11 petition, he voluntarily converted to a chapter 7 case.

A chapter 7 trustee sought to enjoin a bank from enforcing its security interest in farming equipment that the trustee contended were assets of the bankruptcy estate.

A discussion on a recent case where the question of whether the trustee could sell the entire interest including management rights, or just the debtors' economic interests in the LLC, was at the heart of the issue.

A discussion on a recent case, where a chapter 11 debtor proposed to place a mortgagee's deficiency claim into a separate class from general unsecured claims so that the deficiency claim could not prevent the unsecured class from accepting a proposed plan of reorganization.

In Henson a foreclosure sale was stayed by the debtors’ filing of a chapter 13 bankruptcy.

The chapter 7 trustee in an individual debtor case asked for court approval to sell the debtor's one-quarter remainder interest in a residential property.

The trustee of a distribution trust (created under a debtor’s confirmed chapter 11 plan of reorganization) sought to recover a dividend paid to a shareholder as a constructive fraudulent transfer.

The debtor assumed a ground lease prior to the deadline for assumption or rejection of non-residential real property leases.

A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage.

In Bandi v. Becnel (In re Bandi), 683 F.3d 671 (5th Cir. 2012), the debtors made false statements regarding their ownership of particular real estate.

Determining the priority of liens in manufactured homes owned by the debtor raised the standard question of how to classify the collateral, and thus the proper method of perfection.