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...
by Matthew Gensburg | Apr 16, 2018 | GCK on Law
Section 330(a)(1) of the Bankruptcy Code governs compensation for various categories of bankruptcy court professionals, including Chapter 7 trustees. It states that, “subject to sections 326, 328, and 329, the court may award to a trustee * * * reasonable...
by Matthew Gensburg | Apr 10, 2018 | GCK on Law
While Section 365(n) of the Bankruptcy Code applies to intellectual property licenses, the definition of “intellectual property” is not found within that section of the Bankruptcy Code; rather, the definition is found in Section 101(35A) of the Bankruptcy Code. ...
by Matthew Gensburg | Mar 26, 2018 | GCK on Law
Pursuant to Section 362(a)(1) of the Bankruptcy Code, the filing of a bankruptcy petition creates an automatic stay against “the commencement or continuation … of a judicial, administrative, or other action or proceeding against the debtor that was or could have...
