by Matthew Gensburg | Jul 17, 2019 | GCK on Law
Section 523(a)(6) of the Bankruptcy Code excepts from discharge debts for “willful and malicious injury by the debtor to another entity or to the property of another entity.” Whether a claim for breach of contract can give rise to Section 523(a)(6)...
by Matthew Gensburg | Jul 10, 2019 | GCK on Law
Section 303(b)(1) of the Bankruptcy Code provides, in relevant part, that “[a]n involuntary case against a person is commenced by the filing with the bankruptcy court of a petition under chapter 7 or 11 of this title – (1) by three or more entities, each of which is *...
by Matthew Gensburg | Jul 3, 2019 | GCK on Law
Section 547(c)(2)(B) of the Bankruptcy Code was the former subjective component of the three-pronged test set forth in §547(c)(2) of the Bankruptcy Code, and involves the question of whether the transfer was “made in the ordinary course of business or financial...
by Matthew Gensburg | Jun 26, 2019 | GCK on Law
BAPCPA imposed a host of new requirements on debtors, including expanded duties of financial disclosure. Under Bankruptcy Code Section 521(a)(1), a debtor is now required to file a list of creditors and “unless the Court orders otherwise,” various other detailed...
by Matthew Gensburg | Feb 20, 2019 | GCK on Law
Section 523(a)(3) of the Bankruptcy Code states in relevant part as follows: (a) A discharge under [chapter 7] * * * does not discharge an individual debtor from any debt – * * * * (3) listed nor scheduled * * * in time to permit – (A) if such debt is not...
