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New Legislation Proposed to Lower Threshold for Projects to Qualify for Baltimore City’s High-Performance Market-Rate Rental Housing Tax Credit
By: Justin Williams On May 9th, Councilman Bill Henry introduced CCB #19-389, which proposes to modify the number of rental units required to qualify a multi-family dwelling project for the City’s High-Performance Market-Rate Rental Housing Tax Credit (the “Tax Credit”) from 20 units to 10 units. First enacted in 2014, the Tax Credit was aimed…
Just Say No…To The Condemning Authority’s First Offer, That Is.
Public infrastructure projects are on the rise, from new transit systems to comprehensive highway renovations and everything in between. Behind the scenes, some governmental body is fast at work acquiring private land along the project route by power of eminent domain. This harsh reality is endlessly vexing to anyone who stands to lose land to…
In re: Muhs “Willful and Malicious” Does Not Mean “Willful and Malicious”
May 30, 2019 | William L. Hallam, Creditors’ Rights In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under the Bankruptcy Code.” In its May 8, 2019…
Maryland Governor Signs into Law New Statute Assisting Commercial Lenders Seeking to Obtain Receiverships over Borrowers and/or Real Estate Collateral
There is good news for commercial lenders in Maryland seeking the appointment of a receiver over a borrower or solely over real estate collateral. On April 30, 2019, Governor Hogan signed into law HB 1065, which creates an entirely new set of rules when a commercial lender wishes to have a receiver appointed as one…
Demystifying Life Estate Deeds in Maryland
By Craig A. Enck, Esq., Partner, Rosenberg Martin Greenberg, LLP and Richard (Ricky) Adams, Associate, Rosenberg Martin Greenberg, LLP In Maryland, you can make a beneficiary designation on your real property. This type of transaction is called a Life Estate Deed. It can be a very useful tool to avoid probate while also preserving tax…
Maryland Bankruptcy Court Determines Priority of Homeowner Association Fees versus Mortgage Lender’s Deed of Trust
In 2017, the Maryland Court of Appeals in the case of Select Portfolio Servicing, Inc. v. Saddlebrook West Utility Company, 455 Md. 313 (2017) (“Saddlebrook”) held that a provision in a recorded declaration by a utility that purported to create a lien to secure payment of an annual assessment to cover the construction of water…
In re: Titus – Fraudulent Conveyance Law Defeats Exemption Rights
Many states, including Maryland and Pennsylvania, recognize the common law form of ownership of property as “tenants by the entireties” for both real and personal property, including bank accounts. Under that form of ownership, a husband and wife are a “marital unit” that is a different legal entity than the husband or the wife individually. …
Fourth Circuit Allows Unsecured Creditors to Assert Claims for Attorneys’ Fees In Bankruptcy Cases
Lawyers who represent debtors in bankruptcy cases, supported by rulings from many bankruptcy judges, have long taken the position that creditors with unsecured claims whose agreements with their debtors provide for payment of the creditors’ enforcement expenses, including attorneys’ fees, are not entitled to assert claims for such expenses in bankruptcy cases. This view has…
Opportunity Zones: The Good, the Bad, and the Yet to be Defined
Date: January 17, 2019 | Authors: Brandon N. Mourges, Michael J. March The Tax Cuts and Jobs Act (“TCJA”) provided the most comprehensive update to the tax code in over two decades. Of the many changes the TCJA provided, Sections 1400Z-1 and 1400Z-2 of the IRC are of the most heavily discussed and analyzed by taxpayers and tax practitioners.…
