by Matthew Gensburg | Jun 15, 2023 | GCK on Law
In In re Chernushin, 911 F.3d 1265 (10th Cir. 2018), Gregory and Andrea Chernushin owned a second home in Colorado in joint tenancy with right of survivorship. Eventually, Mr. Chernushin (but not Ms. Chernushin) filed for bankruptcy. During the bankruptcy...
by Matthew Gensburg | Feb 13, 2023 | GCK on Law
Section 727(d) of the Bankruptcy Code provides for a debtor’s discharge to be revoked in certain circumstances, including under subsection which states: (d) On request of the trustee, a creditor, or the United States trustee, and after notice and a hearing, the court...
by Matthew Gensburg | Jan 6, 2023 | GCK on Law
The Bankruptcy Code (the “Code”) does not expressly prohibit a Chapter 7 debtor from simultaneously seeking relief under Chapter 13. Notwithstanding this fact, courts have split on whether a debtor may maintain two separate pending bankruptcy proceedings. A majority...
by Matthew Gensburg | Dec 15, 2022 | GCK on Law
Section 523(a)(4) of the Bankruptcy Code excepts from discharge all debts “for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny.” The term “fiduciary” has traditionally been given a “strict and narrow” definition, referring to...
by Matthew Gensburg | Nov 22, 2022 | GCK on Law
Section 523(a)(l)(C) of the Bankruptcy Code provides that a discharge under Section 727 “does not discharge an individual debtor from any debt – (1) for a tax or a customs duty – (C) with respect to which the debtor made a fraudulent return or willfully...
