Virginia Bans Post-Term Non-Comp...
Earlier this month, the State of Virginia amended the Virginia Retail Franchising Act in two ways: (1) Virginia law governs all Virginia fra...
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A bankruptcy proceeding occurs when an insolvent business (or individual) files a petition, which starts the bankruptcy proceeding. On the date the petition is filed, debts owed by the business are classified as pre-petition debts and post-petition debts. If personal property taxes were due before the filing, that is a pre-petition debt and should be included in the Township's claim. Post-petition debts can also be collected by filing claims during the bankruptcy proceeding. These claims are known as administrative expenses.
Post-petition debts often include personal property taxes that will come due during the bankruptcy proceeding. The Township Treasurer can obtain a jeopardy assessment under MCL 211.691 and accelerate the date that future personal property taxes are due and become a lien. As a lien, the claim will receive priority of payment in the bankruptcy proceeding. While recovery is not guaranteed, it does improve the chances of payment.
Earlier this month, the State of Virginia amended the Virginia Retail Franchising Act in two ways: (1) Virginia law governs all Virginia fra...
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Read MoreAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.