By: Yana Knutson
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
The question of whether a debtor can obtain an exemption under 11 U.S.C. § 1146(a) from having to pay stamp or similar tax in a pre-confirmation asset transfer was decisively answered in the negative by the United States Supreme Court last year.[1] However, whether the exemption applies to a pre-confirmation sale that closed post-confirmation remains an issue with which courts must continue to struggle.
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