by E. Philip Groben | Mar 5, 2020 | GCK on Law
Section 366 of the Bankruptcy Code gives debtors and debtors-in-possession protection against post-petition disconnection of services through providing utility providers with an ‘adequate assurance’ of payment. Subject to other provisions of the Bankruptcy Code,...
by E. Philip Groben | Oct 24, 2018 | GCK on Law
The United States District Court for the District of Delaware recently affirmed a bankruptcy court decision enforcing confirmed chapter 11 plan provisions over the objection of the Internal Revenue Service, and in so doing, reduced the tax payable to the IRS by more...
by E. Philip Groben | Aug 22, 2018 | GCK on Law
Recent bankruptcy court opinions in the Southern District of New York diverge on whether certain Bankruptcy Code sections under which bankruptcy trustees may avoid prepetition transfers of property apply to foreign transactions. “Extraterritoriality”, the concept of...
by E. Philip Groben | Jun 22, 2018 | GCK on Law
Bankruptcy Rule 8002(a)(1) requires bankruptcy appeals be filed within 14 days of the entry of an adverse order. Thus, when faced with an adverse ruling, a would-be appellant must quickly consider the substantive merits and financial burden of an appeal. Part of...