by Matthew Gensburg | Dec 5, 2018 | GCK on Law
Section 727(a)(2)(A) of the Bankruptcy Code states: (a) The court shall grant the debtor a discharge, unless– (2) the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has...
by Matthew Gensburg | Oct 31, 2018 | GCK on Law
Courts are divided as to whether statutory redemption periods are stayed by Section 362(a) of the Bankruptcy Code. There are also competing views as to whether the tax purchaser holds a claim treatable in bankruptcy, e.g., through a Chapter 11 or 13 plan. This...
by Matthew Gensburg | Sep 11, 2018 | GCK on Law
A dispute exists among the courts as to whether the lease assumption process found in Bankruptcy Code Section 365(p)(2) also contemplates compliance with the reaffirmation procedures of Section 524(c), i.e., “[a]n agreement between a holder of a claim and the debtor,...
by Matthew Gensburg | Sep 5, 2018 | GCK on Law
A dispute exists among the courts as to whether a debtor’s personal liability for condominium fees assessed after the filing of a petition for relief can be discharged in a Chapter 13 case under Section 1328(a) of the Bankruptcy Code. A similar dispute does not...
by Matthew Gensburg | Aug 9, 2018 | GCK on Law
A dispute currently exists among the courts as to whether a lease terminated due to a default is terminated “by the expiration of the stated term of the lease.” Sections 541(b)(2) and 362(b)(10) of the Bankruptcy Code provide: (b) Property of the estate does not...
