by Matthew Gensburg | Nov 5, 2024 | GCK on Law
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...
by Matthew Gensburg | Apr 25, 2024 | GCK on Law
Section 547(c)(4) of the Bankruptcy Code provides as follows: The trustee may not avoid under this section a transfer – to or for the benefit of a creditor, to the extent that, after such transfer, such creditor gave new value to or for the benefit of the debtor...
by Matthew Gensburg | Jun 15, 2023 | GCK on Law
Damages for stay violations are allowed under Section 362(k) of the Bankruptcy Code. Section 362(k)(1) provides that “[e]xcept as provided in paragraph (2), an individual injured by any willful violation of a stay provided by this section shall recover actual...
by Matthew Gensburg | Jun 15, 2023 | GCK on Law
In In re Chernushin, 911 F.3d 1265 (10th Cir. 2018), Gregory and Andrea Chernushin owned a second home in Colorado in joint tenancy with right of survivorship. Eventually, Mr. Chernushin (but not Ms. Chernushin) filed for bankruptcy. During the bankruptcy...
by Matthew Gensburg | Feb 13, 2023 | GCK on Law
Section 727(d) of the Bankruptcy Code provides for a debtor’s discharge to be revoked in certain circumstances, including under subsection which states: (d) On request of the trustee, a creditor, or the United States trustee, and after notice and a hearing, the court...
