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,...
by Matthew Gensburg | May 3, 2022 | GCK on Law
Venue in bankruptcy cases is governed generally by 28 U.S.C. §1409(a) which provides that venue in an adversary proceeding is proper in the district court in which a bankruptcy case is pending. However, Section 1409(b) provides an exception to this rule, stating:...
by Matthew Gensburg | Apr 19, 2022 | GCK on Law
Section 707(b)(2) of the Bankruptcy Code states that “the court shall presume abuse exists if the debtor’s current monthly income reduced by the amounts determined under [sub]clauses (ii), (iii), and (iv), and multiplied by 60 is not less than the lesser of” (1)...
by Matthew Gensburg | Apr 13, 2022 | GCK on Law
Conversion is an unauthorized act, which deprives a person of his property permanently, or for an indefinite time. See, In re Thebus, 108 Ill.2d 255, 259 (1985). Accordingly, to prove conversion, the plaintiff must prove the following elements by preponderance of...
by Matthew Gensburg | Feb 23, 2022 | GCK on Law
Section 510(a) of the Bankruptcy Code provides that “[a] subordination agreement is enforceable in a case under this title to the same extent that such agreement is enforceable under applicable nonbankruptcy law.” However, while Section 510(a) provides for the...
