by Matthew Gensburg | Dec 21, 2021 | GCK on Law
In general, a corporation is a legal entity that exists separately and distinctly from its shareholders, officers and directors, and such parties are normally not subject to corporate liabilities. Fontana v. TLD Builders, Inc., 840 N.E.2d 767, 775 (2005). See also,...
by Matthew Gensburg | Nov 17, 2021 | GCK on Law
According to In re Gustafson, 316 B.R. 753 (Bankr. S.D.Ga. 2004) the dismissal of a bankruptcy case will normally result in the dismissal of the pending adversary proceedings because federal jurisdiction in premised upon the nexus between the underlying bankruptcy...
by Matthew Gensburg | Nov 10, 2021 | GCK on Law
Section 6402(a) of the Internal Revenue Code provides the Secretary of the Treasury with the discretion to set-off “any” tax overpayment against a taxpayer’s preexisting tax liabilities. Section 553 of the Bankruptcy Code, in turn, allows the IRS to set off a tax...
by Matthew Gensburg | Oct 6, 2021 | GCK on Law
Section 362(c) of the Bankruptcy Code governs termination of the automatic stay. Under Section 362(c)(3)(A) of the Bankruptcy Code, if a debtor had a case pending within the preceding one-year that was dismissed, then “[t]he stay under Section (a) with respect to any...
by Matthew Gensburg | Sep 27, 2021 | GCK on Law
The determination of dischargeability of a debt involves a two-step process: (1) the establishment of a valid prepetition debt owed by the debtor under applicable non-bankruptcy law and (2) a determination whether the debt is nondischargeable under Section 523 of the...
