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...
by Matthew Gensburg | Sep 30, 2019 | GCK on Law
Bankruptcy Rule 1009(a) provides that schedules “may be amended by the debtor as a matter of course at any time before the case is closed.” This facially simple provision, however, has led to a split among the courts as to whether a debtor has an automatic right to...
by Matthew Chodosh | Sep 10, 2019 | GCK on Law
On June 5, 2019, Governor J.B. Pritzker enacted legislation that provides Illinois taxpayers an opportunity to comply with previous tax obligations. The legislation establishes an amnesty program for “any tax” imposed by the State of Illinois and collected by IDOR...
