GCK On Law
Nationwide Injunction Barring Government from Enforcing the Corporate Transparency Act or its Filing
As discussed in our previous article: Is the Corporate Transparency Act Constitutional?, the constitutionality of the Corporate Transparency Act (“CTA”) has been challenged in several different cases. The first case to reach a result was National Small Business United...
Bankruptcy Rule 1009(a) – Amending Schedules Upon Reopening Case
Rule 1009(a) of the Federal Rules of Bankruptcy Procedure provides that schedules “may be amended by the debtor as a matter of course at any time before the case is closed.” This facially simple provision, however, has led to a split among the courts as to whether a...
Section 727(a)(6)(a) – Definition of “Refuse”
Section 727(a)(6)(A) of the Bankruptcy Code provides in relevant part that “[t]he court shall grant the debtor a discharge, unless, the debtor has refused, in the case - (A) to obey any lawful order of the court, other than an order to respond to a material question...
Torts – Conversion of Money
Conversion is an unauthorized act, which deprives a person of his property permanently, or for an indefinite time.[1] Accordingly, to prove conversion, the plaintiff must prove the following elements by preponderance of the evidence: (1) the defendant's unauthorized...
U.S. Supreme Court Holding Affects Estate Tax Valuations of Small Businesses Using Life Insurance to Redeem Shares Under a Buy-Sell Agreement
In Connolly v. U.S., 602 U.S. ____, 144 S.Ct. 1406 (decided June 6, 2024), the U.S. Supreme Court considered whether and how a key person insurance policy owned by a corporation and used to redeem an owner’s shares affected a decedent’s estate tax liability. In the...