by Matthew Gensburg | Apr 10, 2018 | GCK on Law
While Section 365(n) of the Bankruptcy Code applies to intellectual property licenses, the definition of “intellectual property” is not found within that section of the Bankruptcy Code; rather, the definition is found in Section 101(35A) of the Bankruptcy Code. ...
by Sandra Mertens | Apr 2, 2018 | GCK on Law
Many taxpayers needlessly pay the IRS thousands of dollars each year through the payment of estimated tax penalties. In fact, the IRS estimates that 10 million people paid estimate tax penalties in 2015. Estimated tax penalties are assessed when a taxpayer is...
by Matthew Gensburg | Mar 26, 2018 | GCK on Law
Pursuant to Section 362(a)(1) of the Bankruptcy Code, the filing of a bankruptcy petition creates an automatic stay against “the commencement or continuation … of a judicial, administrative, or other action or proceeding against the debtor that was or could have...
by Matthew Gensburg | Mar 20, 2018 | GCK on Law
The Bankruptcy Code provides that a debtor may confirm a plan over the objection of a class of creditors (i.e. cramdown) subject to, among other requirements, that the plan provides “fair and equitable” treatment of secured claims. Pursuant to Section 1129(b)(2)(A)...
by Sandra Mertens | Mar 16, 2018 | GCK on Law
Since 2009, the IRS has permitted taxpayers with undisclosed bank, investment, or retirement accounts outside the U.S., or any other foreign asset (real estate, stock or partnership interest, life insurance, etc.), to voluntarily come forward and disclose their...
by Matthew Gensburg | Mar 12, 2018 | GCK on Law
Section 1129 of the Bankruptcy Code governs confirmation of a Chapter 11 plan. Section 1129(b) of the Bankruptcy Code allows for confirmation of a plan over a creditor’s objection as long as certain requirements are met. One such requirement for cramdown is that the...
