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 Matthew Gensburg | Sep 11, 2018 | GCK on Law
A dispute exists among the courts as to whether the lease assumption process found in Bankruptcy Code Section 365(p)(2) also contemplates compliance with the reaffirmation procedures of Section 524(c), i.e., “[a]n agreement between a holder of a claim and the debtor,...
by Matthew Gensburg | Sep 5, 2018 | GCK on Law
A dispute exists among the courts as to whether a debtor’s personal liability for condominium fees assessed after the filing of a petition for relief can be discharged in a Chapter 13 case under Section 1328(a) of the Bankruptcy Code. A similar dispute does not...
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 Matthew Gensburg | Aug 9, 2018 | GCK on Law
A dispute currently exists among the courts as to whether a lease terminated due to a default is terminated “by the expiration of the stated term of the lease.” Sections 541(b)(2) and 362(b)(10) of the Bankruptcy Code provide: (b) Property of the estate does not...
by Matthew Gensburg | Jul 31, 2018 | GCK on Law
Section 547(c)(2)(B) of the Bankruptcy Code was the former subjective component of the three-pronged test set forth in §547(c)(2) of the Bankruptcy Code, and involves the question of whether the transfer was “made in the ordinary course of business or financial...
