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...
by Matthew Gensburg | Jul 12, 2018 | GCK on Law
The courts are divided on whether substantive consolidation can occur with a nondebtor. 2 Collier on Bankruptcy ¶105.09[1][c] (15th ed.rev.2005). Some courts have allowed such consolidation. See, e.g., Fish v. East, 114 F.2d 177 (10th Cir.1940) (analyzing substantive...
by Matthew Gensburg | Jul 2, 2018 | GCK on Law
Courts have been split on whether a pre-petition agreement whereby the debtor agrees to waive the protection of the automatic stay under Section 362 of the Bankruptcy Code (“Code”) is enforceable. There are two general approaches: some courts have found that...
by Matthew Gensburg | Jun 25, 2018 | GCK on Law
Pursuant to Section 1112(b) of the Bankruptcy Code, a chapter 11 petition may be dismissed for cause if it appears that the petition was not filed in good faith. Marsch v. Marsch (In re Marsch), 36 F.3d 825, 828 (9th Cir.1994). A chapter 11 petition is not filed in...
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...
