RPTE eReport logo

  •   A Bi-Monthly Electronic Publication for Section Members
  • December 2009

Section News

Free Group and Committee Conference Calls are an RPTE Member Benefit
A significant benefit of being a member of the Real Property, Trust and Estate Law Section is that you may join in on FREE group and committee conference calls. The calls include substantive discussions of legal hot topics and offer a chance to speak with, or listen to, colleagues from around the country as they address the latest issues facing practitioners. For the current conference call schedule, view our homepage here

Mark Your Calendars for RPTE's 21st Annual Spring Symposia in Philadelphia
The Symposia provides a great opportunity to network with your peers and earn CLE credits. Click here for dates and hotel information.

Trust and Estate NewsReal Property News

real property

Real Property News


Send Us Your Residential Foreclosure News
The editors of the eReport are aware that various states, municipalities and courts have implemented laws, rules and orders to address the residential foreclosure crisis. We plan periodically to post information about particular state and local efforts. If you have news on what your state, local municipality or local courts have implemented, please send a short description to Cheryl Kelly.

Is Conversion from Subchapter S Elected Status to Partnership Status Right for Your Business Entity?
William Sylvester and C. Bradley Cherry
Real estate may be held by an entity taxed as an S Corporation.  Bill Sylvester and Brad Cherry analyze the issues involved in converting an S Corporation to an entity taxed as a partnership.

Creditors Beware: Foreclosure Sale Avoided As Preferential Transfer Under § 547(b) of The Bankruptcy Code When Sale Resulted in Creditor Receiving More Than It Would Have in A Chapter 7 Liquidation
Allison E. Graves
A foreclosure may not be as final as many creditors believe, especially when the foreclosure sale results in a credit bid for property worth substantially more than the amount of the debt. As Allison Graves details in her article, a Bankruptcy Court in Texas recently held that a debtor in bankruptcy can avoid a foreclosure sale of real property conducted within 90 days of the filing of the debtor's petition for bankruptcy if the value received at the foreclosure sale is more than the creditor would have received under a liquidation of the property in bankruptcy if the sale had not occurred.

trust and estate

Trust & Estate News

New Version of 419 Plans: An Impending Train Wreck
David S. Neufeld

Proposed Regulations for Type III Supporting Organizations
Stephanie Casteel

Final Regulations Under Section 2053 Governing Estate Tax Deductions for Administration Expenses and Claims Against Estates
Steve Akers

Estate of Christiansen v. Commissioner -- Eighth Circuit Upholds Formula Disclaimer Over Public Policy Objections (or “Friday the 13th Massacre of IRS Position on Defined Value Clauses”)
Steve Akers

Cynthia Marcotte Stamer provides updates on the latest developments in the Employee Benefits area: 1) Department Of Labor Announces Plans To Expand Reporting Employee Benefits, Wage & Hour, OSHA & Other Reporting & Disclosure Requirements & To Implement Other New Employee Benefit Regulations

2) Mishandling Employee Benefit Obligations Creates Liabilities For Distressed Businesses & Their Business Leaders

3) Employee Benefit Plan Sponsors & Fiduciaries Urged To Review Bonding, Credentials of Staff & Service Providers Under ERISA


Would you like to write an
article for the eReport?

If you have something to say, and would like your article considered for the eReport, simply email Susan Talley, Editor, at stalley@stonepigman.com for further details.

Technology and Law Practice Management

Don't Miss TechShow 2010
The RPTE Section is a program promoter of ABA TECHSHOW 2010, a 3-day technology-related seminar hosted by the ABA Law Practice Management Section. Review program information at www.techshow.com and get a special registration discount by using the RPTE program promoter code EP1011. Find out more about this year's ABA TECHSHOW.

Are you having trouble finding the information you need on the ABA website?Learn how easy it is to search the ABA website for both RPTE and ABA content. Click here to find search tips and tricks.

CLE Spotlight

Real Property CLE
Negotiating Agreements in a Cross-Cultural Setting: When Yes Might Mean No
Date: January 20, 2010
Time: 12:00 P.M. - 1:30 P.M. Central

Trust and Estate CLE
The Top Thirty (or so) List of Both Personal and Business Insurance Planning Mistakes:
And How to Avoid (or at Least Fix) Them

Date: January 12, 2010
Time: 12:00 P.M. - 1:30 P.M. Central

Group & Committee News

committee spotlight
Special Investors and Investment

The Special Investors and Investment Structure Group has recently launched its blog on LinkedIn. The blog represents the group's efforts to add value to its membership by enhancing the members' communication, interaction, and free exchange of ideas and information. The group is now working to establish a sub-blog for each of its committees within the same blog space. To read more on the group, click here and, to join the group's blog, click here

Real Estate Finance Group
On January 11, 2010 Real Estate Financing Group will be holding a quarterly conference call. The topic will be a discussion about the recent changes to the REMIC rules, click here for more.

Non-Tax Estate Planning Considerations Group
The group consists of six very active committees, addressing such topics as asset protection planning, sophisticated issues in insurance planning, ethical issues in estate administration, estate planning for individuals with chronic illness, estate planning software and other business solutions, the uses for collaborative law, and the adoption of many uniform acts that impact our practice, and much more. To learn more, click here.

Young Lawyers Network

Get involved in the Section by helping in the development of the Section’s comment projects. Click here for more information.

Law Students

Let the 2010 Law Student Writing Contest be your opportunity for recognition. To find out more, click here.



Join a Committee Today!

RPTE members can join a group or committee (or several) online here. For questions regarding membership, contact the Section at (312)988-5651 or email Bunny Lee at Bunny.Lee@americanbar.org.


The Law of Trustee Investments

New Book from RPTE

Education Planning: Taxes, Trusts, and Techniques
Nancy Shurtz

To help you advise clients who are scrambling to figure out how to finance their children's education, Education Planning: Taxes, Trusts, and Techniques offers an in-depth guide to the strategies, vehicles, and estate and tax planning available to these families. While the text focuses on the popular yet complex 529 plans, it also provides the planner with information about all other available college savings vehicles.

In eight parts and 36 chapters, Education Planning: Taxes, Trusts, and Techniques covers the complex vehicles that can be used in saving for college and the various forms of aid available when those savings vehicles prove inadequate. The first part of the book examines the benefits and costs of a college education while providing a broad overview of the various strategies for paying for college.

- PDF version - print the whole issue
- PDF of Trust and Estate articles only
- PDF of Real Property articles only

About RPTE eReport

The RPTE eREPORT is the bi-monthly electronic publication of the Real Property, Trust and Estate Law Section. It includes practical information for lawyers working in the real property and estate planning fields, together with news on Section activities and upcoming events. RPTE eREPORT also provides resources for young lawyers and law students to succeed in the practice of law. For further information on RPTE eREPORT or to submit an article for publication, please contact: Susan Talley (Editor) at stalley@stonepigman.com; Cheryl Kelly (Real Property Editor) at CKELLY@thompsoncoburn.com; Robert Steele (Trust and Estate Editor) at steele@whafh.com; or Michael Goler (Managing Editor Emeritus) at Goler@MillerGolerFaeges.com. We welcome your suggestions and submissions.

The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or The Section of Real Property, Trust and Estate Law unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only. The authors and other contributors to RPTE eREPORT are solely responsible for the content of their submissions, including the accuracy of citations to legal resource materials.


American Bar AssociationReal Property Trust & Estate Law Section