by Matthew Gensburg | Dec 26, 2019 | GCK on Law
A dispute exists as to whether Section 349(a) empowers bankruptcy courts to enjoin future filings, for grounds other than and beyond the 180 day period provided in Section 109(g). Section 349(a) of the Bankruptcy Code provides: Unless the court, for cause, orders...
by Matthew Gensburg | Dec 9, 2019 | GCK on Law
Under 28 U.S.C. §1334, a federal district court has original jurisdiction over “all civil proceedings arising under title 11, or arising in or related to cases under title 11.” Significantly, §1334 does not distinguish between a court’s pre-confirmation and...
by Matthew Gensburg | Dec 3, 2019 | GCK on Law
Section 362(a) of the Bankruptcy Code provides that the filing of a bankruptcy petition automatically triggers a stay. Of particular relevance to this memorandum, Section 362(a)(3) of the Bankruptcy Code provides that a bankruptcy petition “operates as a stay,...
by Matthew Gensburg | Nov 5, 2019 | GCK on Law
Removal of claims related to bankruptcy cases is governed by 28 U.S.C. §1452, which provides, in relevant part: A party may remove any claim or cause of action in a civil action * * * to the district court for the district where such civil action is pending, if such...
by Matthew Gensburg | Oct 22, 2019 | GCK on Law
In Dewnsup v. Timm, 502 U.S. 410, (1992), the Supreme Court addressed the question of whether Chapter 7 debtors could strip down a consensual lien against their real property. In that case, the property was encumbered by a first deed of trust securing payment of...
by Matthew Gensburg | Oct 7, 2019 | GCK on Law
Courts have disagreed on the issue of whether an unsecured creditor can recover fees incurred post-petition. Compare, In re SNTL Corp., 380 B.R. 204 (9th Cir. BAP 2007) (unsecured creditor was entitled to include contract based attorney’s fees incurred post-petition...
