Protecting Potential Tax Refunds For Secured Creditors

Law360, New York (June 8, 2010, 12:40 PM EDT) -- Tax refunds may provide a valuable source of repayment for lenders faced with borrowers whose better days have passed. Moreover, secured lenders may be able to better monetize rights to such refunds due to recent legislation expanding the Net Operating Loss (“NOL”) carryback period as a stimulus measure by allowing businesses to carry back deductions that can be claimed for an immediate tax refund.

It is well-established that the right to receive a tax refund and the anticipated tax refunds themselves are “general intangibles.”[1] Therefore, secured...
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