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...
by Matthew Gensburg | Jul 31, 2018 | 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 | Jul 12, 2018 | GCK on Law
The courts are divided on whether substantive consolidation can occur with a nondebtor. 2 Collier on Bankruptcy ¶105.09[1][c] (15th ed.rev.2005). Some courts have allowed such consolidation. See, e.g., Fish v. East, 114 F.2d 177 (10th Cir.1940) (analyzing substantive...
