• videocam Live Webinar with Live Q&A
  • calendar_month November 17, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Bankruptcy
  • schedule 90 minutes

Tariff Refunds: Bankruptcy and Restructuring Considerations When Seeking IEEPA Tariff Refunds

Seeking and Obtaining Refunds; DIP And Trustee Obligations; Creditor Disputes; Claims Trading

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MSRP
$297.00
$252.45
Save $44.55

Discount expires 11/3/26

This course is $0 with these passes:

CLE
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About the Course

Introduction

This CLE webinar will explore how an IEEPA tariff refund would be leveraged and administered in a bankruptcy or used by debtors in restructuring after Learning Resources Inc. v. Trump. The panel will discuss the process of applying for a tariff refund, the pros and cons of pursuing a refund aside from the costs involved, creditor disputes that might be expected, whether the refund is property of the estate, the consequences of not pursuing the refund, alternatives, and other issues that must be navigated.

Description

Tariffs both created and compounded liquidity challenges that put some importers of goods out of business, others in bankruptcy, and still more on the slide to insolvency. Many of these businesses could be entitled to refunds after the IEEP tariffs were invalidated. On one hand, the refund could resuscitate a business. Applying for a refund, however, is a complex process fraught with unknown consequences and no assurance of reward. A number of high profile taxpayers have recently elected to monetize their refund rights by selling to third parties.

As a preliminary matter, restructuring and bankruptcy counsel have to understand the complicated and intentionally difficult process of applying for a tariff refund. For businesses that have been through, are in, or are about to file bankruptcy, an initial question is how much discretion trustees and debtors in possession have when deciding whether to seek a refund. The reality is that some businesses in financial distress at the time of calculating and paying tariffs may prefer to shield their decisions from heightened scrutiny. 

If a tariff is due and/or later paid, numerous disputes can be expected over the amount available to the debtor and creditors, which creditors have an interest in a refund, and their relative priorities. 

Listen as our panel discusses the process of applying for a tariff refund, the pros and cons of doing so, and offers guidance for navigating creditor priorities and other issues in the context of restructuring and bankruptcy. 

Presented By

Nerissa A. Hamilton-vom Baur
Of Counsel
Stinson LLP

Ms. Hamilton-vom Baur brings nearly two decades of experience across trade, compliance, and intellectual property enforcement, informed by her background in government service. She previously served in the Office of Trade, Regulations and Rulings at U.S. Customs and Border Protection (CBP), where she handled a broad range of customs and international trade matters, including import compliance and intellectual property enforcement. While at CBP Ms. Hamilton-vom Baur was temporarily assigned to serve as a trade policy liaison to Congress where she assisted in coordinating trade policy issues. Her extensive experience in trade rules and government decision-making informs her practical, strategic approach to advising clients in complex regulatory issues.

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Marshall L. Olney
Attorney
Buchalter

Mr. Olney advises clients on domestic and cross-border transactions involving aircraft acquisition, financing, leasing, and export, and provides guidance on international trade compliance and finance. He also supports clients in navigating the international and domestic tax and transactional aspects of mergers and acquisitions, venture capital, and inbound and outbound investments and business structuring. His international practice focuses on matters involving China, Japan, and Southeast Asia. Mr. Olney advises clients on a range of international trade matters, including IEEPA tariff refunds; customs and import matters, including classification, valuation, drawback, cargo seizure, CBP administrative protests, country-of-origin determinations, and related transfer pricing and tax issues; AML/KYC and TBML compliance issues; and structuring and drafting trade finance agreements, including letters of intent and standby letters of credit.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, November 17, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Process of seeking and obtaining tariff refunds

II. DIP and trustee obligations to pursue refunds

III. Considerations affecting whether to seek a refund

IV. Creditor disputes

V. Claims trading

The panel will review these and other important issues:

  • What are the pros and cons for pursuing a refund when the claimant has been or is a debtor in bankruptcy?
  • Should Chapter 7 debtors in closed no-asset cases attempt to reopen the case and get the trustee to abandon the refunds?
  • Are refunds property of the estate?
  • How do refunds affect solvency determinations?
  • What type of creditor disputes are to be expected?