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Sacklers and the Perdue Bankruptcy

Buyer Beware: S-Corp Status Can Be Revoked Anytime; Even in Bankruptcy | Miles & Stockbridge P C

To embed, copy and paste the code into your website or blog: One of the best-known features of bankruptcy law is the automatic stay, which prevents a variety of actions to collect debts and to take possession or control of anything considered “property of the estate.” However, one thing that may not be considered property of the bankruptcy estate is the S-corporation (“S-corp”) status of a corporate debtor. Although at least two Bankruptcy Appellate Panels have found that the S-corp status of a debtor is property of the bankruptcy estate, the Third Circuit’s leading, and most recent decision on point, rules otherwise. Compare

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