by Matthew Gensburg | Jul 15, 2022 | GCK on Law
Section 1307(b) of the Bankruptcy Code provides that “[o]n request of the debtor at anytime, if the case has not been converted under Sections 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss...
by Matthew Gensburg | Jul 8, 2022 | GCK on Law
Rule 1009(a) of the Federal Rules of Bankruptcy Procedure 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, a split among the courts as to whether...
by Matthew Gensburg | Jun 24, 2022 | GCK on Law
Section 554(a) of the Bankruptcy Code permits the trustee to abandon estate property upon a showing that it is either burdensome or of inconsequential value and benefit to the bankruptcy estate. Abandonment can also occur under Section 554(c) if property of the...
by Matthew Gensburg | Jun 1, 2022 | GCK on Law
The general rule in bankruptcy is that unsecured creditors are not entitled to post-petition interest on their allowed claims.[1] An exception to this rule is found in Section 726(a)(5) of the Bankruptcy Code which provides for the payment of “interest at the legal...
by GCK Legal | May 20, 2022 | GCK on Law
Courts are divided as to whether statutory redemption periods are stayed by Section 362(a) of the Bankruptcy Code. There are also competing views as to impact of the post-petition expiration of a redemption period on property of the estate, including, for example,...
by Matthew Gensburg | May 11, 2022 | GCK on Law
The Federal Arbitration Act (“FAA”) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. §2. The FAA further provides that the court,...
