by Matthew Gensburg | Jul 2, 2018 | GCK on Law
Courts have been split on whether a pre-petition agreement whereby the debtor agrees to waive the protection of the automatic stay under Section 362 of the Bankruptcy Code (“Code”) is enforceable. There are two general approaches: some courts have found that...
by Matthew Gensburg | Jun 25, 2018 | GCK on Law
Pursuant to Section 1112(b) of the Bankruptcy Code, a chapter 11 petition may be dismissed for cause if it appears that the petition was not filed in good faith. Marsch v. Marsch (In re Marsch), 36 F.3d 825, 828 (9th Cir.1994). A chapter 11 petition is not filed in...
by Matthew Gensburg | May 29, 2018 | GCK on Law
Rule 1009(a) provides that schedules “may be amended by the debtor as a matter of course at any time before the case is closed.” In In re Awan, 2017 WL 4179816 (Bankr.C.D.Ill.), the court dealt with the split whether a debtor has an automatic right to amend his/her...
by Matthew Gensburg | May 22, 2018 | GCK on Law
I. Business Judgment Rule – Generally The business judgment rule is a judicial doctrine arising from courts’ respect for corporate self-governance, as well as their dislike for second-guessing the business decisions of corporate directors and officers....
by Matthew Gensburg | Apr 30, 2018 | GCK on Law
Section 541 of the Bankruptcy Code establishes that a debtor’s bankruptcy estate includes “all legal and equitable interests of the debtor in property as of the commencement of the case.” This includes causes of action the debtor has against others as of the...
