by Matthew Gensburg | May 18, 2020 | GCK on Law
Removal of claims related to a bankruptcy case is governed by 28 U.S.C. §1452, which provides, in relevant part: A party may remove any claim or cause of action in a civil action * * * to the district court for the district where such civil action is pending, if such...
by Matthew Gensburg | May 8, 2020 | GCK on Law
Bankruptcy Code Section 525(a) provides that a governmental unit may not discriminate against a person with respect to certain grants solely because that person, inter alia, has had a debt discharged under the Bankruptcy Code. In the public housing context, this...
by Matthew Gensburg | Feb 25, 2020 | GCK on Law
The question of whether a bankruptcy court has jurisdiction to enter money judgments on non-dischargeable debts has resulted in divergent opinions. These divergent opinions can be categorized as either the “expansive approach” or the “limited jurisdiction approach.”...
by Matthew Gensburg | Jan 22, 2020 | GCK on Law
Conversion is an unauthorized act which deprives a person of his property permanently or for an indefinite time. In re Thebus, 108 Ill.2d 255, 259 (1985). Accordingly, to prove conversion, the plaintiff must prove the following elements by preponderance of the...
by Matthew Gensburg | Jan 14, 2020 | GCK on Law
Section 362(k) of the Bankruptcy Code allows the award of damages for a stay violation only to “an individual injured by any willful violation of a stay.” This singular reference to “individuals” has given rise to a split among the courts with respect to whether...
