by Matthew Gensburg | Jan 22, 2020 | GCK on Law
Conversion is an unauthorized act which deprives a person of his property permanently or for an indefinite time. In re Thebus, 108 Ill.2d 255, 259 (1985). Accordingly, to prove conversion, the plaintiff must prove the following elements by preponderance of the...
by Matthew Gensburg | Jan 14, 2020 | GCK on Law
Section 362(k) of the Bankruptcy Code allows the award of damages for a stay violation only to “an individual injured by any willful violation of a stay.” This singular reference to “individuals” has given rise to a split among the courts with respect to whether...
by Matthew Gensburg | Jan 7, 2020 | GCK on Law
Section 546(a) of the Bankruptcy Code sets a two-year time limit for the commencement of avoidance actions on behalf of the bankruptcy estate. This provision was amended in 1994 to provide an additional year for such actions running from the date of the appointment...
by Matthew Gensburg | Dec 31, 2019 | GCK on Law
Bankruptcy Code Section 554(a) permits the trustee to abandon estate property upon a showing that it is either burdensome, or of an inconsequential value and benefit to the estate. Abandonment can also occur under Section 554(c) if property of the estate is properly...
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...
