Episodes

All Episodes

6 days ago

4 min

A bankruptcy court avoided two merchant cash advance obligations as constructively fraudulent — wiping out promises to repay hundreds of thousands of dollars at triple-digit effective rates. We break down how the constructive fraud rules reach MCA debt, why New Mexico's repealed usury caps make this theory the main event, and what to check in any advance agreement before you sign. Full written analysis with citations: https://nm-legal.net/mca-merchant-cash-advance-fraudulent-transfer-new-mexico/

6 days ago

4 min

Aug 18, 2026

4 min

Congress just advanced seven bills that change how the IRS operates, and five of them passed without a single no vote. This episode walks through what they would do — real penalties for ghost preparers, a theft-loss deduction for romance and impersonation scam victims, and oversight for AI-driven audit selection — and why they matter for New Mexico taxpayers. Full written analysis with citations: https://nm-legal.net/ways-means-tax-administration-bills-2026-new-mexico-taxpayers/

Aug 18, 2026

4 min

Aug 14, 2026

4 min

Trump Accounts opened for contributions this summer, and the IRS's new Revenue Procedure 2026-25 safe harbor decides whether funding one is a reportable gift. This episode walks through the five all-or-nothing conditions, the routine family moves that quietly break the harbor, and the sequencing rule that keeps a family's contributions clean. Read the full analysis with citations at https://nm-legal.net/trump-accounts-gift-tax-safe-harbor-rev-proc-2026-25/

Aug 14, 2026

4 min

Aug 10, 2026

4 min

Pig butchering scams cost victims billions, but the tax code may return a meaningful piece of what was stolen — if the loss qualifies as an investment-motivated theft. This briefing walks through who still qualifies after the 2017 law change, why the deduction lands in the year the theft is discovered, and what a retired Albuquerque couple's $120,000 loss is really worth at filing time. Full written analysis with citations: https://nm-legal.net/pig-butchering-scam-theft-loss-deduction-new-mexico/

Aug 10, 2026

4 min

Aug 8, 2026

4 min

A California bankruptcy court just dismissed a company's Chapter 11 petition because the receivership order had already stripped management of the power to file it. This episode breaks down the Mount Acadia decision, why the receiver's silence was not ratification, and what the tactic means for both lenders and borrowers heading into a Texas workout. Read the full written analysis at https://htx-legal.net/receivership-order-chapter-11-filing-authority-mount-acadia

Aug 8, 2026

4 min

Aug 5, 2026

4 min

An IRS wage levy needs no lawsuit and no judgment, and there is no percentage cap on what it can take from a New Mexico paycheck. This briefing explains how the levy actually works, the notice that opens your thirty-day hearing window, and the five paths that get a levy released — plus the separate New Mexico state tax levy that a federal fix leaves untouched. Read the full written analysis at https://nm-legal.net/stop-irs-wage-garnishment-new-mexico/

Aug 5, 2026

4 min

Aug 1, 2026

4 min

A new FinCEN advisory puts off-the-books payroll, labor brokers, and ITIN-based accounts under coordinated scrutiny from banking regulators, the IRS, and immigration enforcement. This briefing covers what the June 2026 guidance says, why the real exposure falls on employers — including personal liability for unpaid payroll taxes — and what Houston businesses should do now. Read the full analysis: https://htx-legal.net/fincen-itin-payroll-tax-fraud-advisory-houston-employers

Aug 1, 2026

4 min

Jul 30, 2026

4 min

A federal appeals court just revived a commercial borrower's fight over a CMBS cash sweep that trapped millions in rental income — all because two clauses in the same cash-management agreement pointed in opposite directions. This episode breaks down what a cash sweep is, what the Aberdeen decision means for borrowers, and the drafting fix that prevents the dispute. Read the full analysis at https://htx-legal.net/cmbs-cash-sweep-excess-cash-flow-ambiguity-borrower-protections

Jul 30, 2026

4 min

Jul 25, 2026

4 min

A bankruptcy trustee can reach past the person who took money straight from a failed business and sue whoever received it later. A recent Delaware decision holds the trustee must actually undo the original transfer, but does not have to sue that first recipient to do it. What it means for creditors chasing a recovery, and for anyone facing a clawback years after the deposit cleared: https://htx-legal.net/fraudulent-transfer-subsequent-transferee-section-550-onh-texas

Jul 25, 2026

4 min

Jul 24, 2026

4 min

When a Chapter 11 plan is consummated, an objecting creditor's appeal can die as equitably moot — and the Del Monte Foods ruling shows that the risk of mootness alone won't win a stay pending appeal. This briefing covers the four stay factors and the kind of concrete, non-economic harm objectors must actually prove. Read the full analysis: https://htx-legal.net/equitable-mootness-stay-pending-appeal-confirmation-order-del-monte

Jul 24, 2026

4 min

Jul 20, 2026

4 min

Your customer goes bankrupt after its officers assured you it was healthy — so who owns the fraud claim against them, you or the estate? A recent Delaware decision held vendor fraud claims stay with the vendors, because reliance is personal. What Houston suppliers and distressed-asset buyers need to know. Full analysis at https://htx-legal.net/insights

Jul 20, 2026

4 min

Jul 20, 2026

3 min

A real business spent real money, kept its books in accounting software — and still lost most of its deductions in Tax Court. One owner's income was recharacterized from about $6,000 to roughly $224,000, with a 20% penalty on top. We walk through where the Simmons case was lost, unpapered loans, cars with no documented business purpose, and the one place the taxpayers won. Build audit-proof records before the notice arrives. Full analysis at htx-legal.net.

Jul 20, 2026

3 min