by Matthew Gensburg | Jan 22, 2018 | GCK on Law
The purpose of a stay pending appeal is to mitigate the damage that can be done before the matter is substantively resolved. Thus, in In re Heotis, 2017 WL 4310513 at *2 (N.D.Ill.), the court stated that motions to stay pending appeal are similar to preliminary...
by Matthew Gensburg | Jan 15, 2018 | GCK on Law
Pursuant to Section 550(a) of the Bankruptcy Code, once a trustee has successfully avoided a fraudulent transfer, he may recover the fraudulently transferred assets from either the initial transferee or “any immediate or mediate transferee” of the initial transferee. ...
by Matthew Gensburg | Nov 30, 2017 | GCK on Law
In In re Perkins, 902 F.3d 1254, 1258 (7th Cir.2004), the Seventh Circuit set out three elements for derivative trustee standing to pursue a cause of action held by the bankruptcy estate: The trustee unjustifiably refuses a demand to pursue the action; The creditor...
