by Matthew Gensburg | Feb 1, 2022 | GCK on Law
Courts have adopted two different approaches on the impact of section 348(f)(1)(A) with respect to changes in property value or net equity between the petition date and the date of conversion from Chapter 13 to Chapter 7. Section 348(f)(1) of the Bankruptcy Code...
by Matthew Gensburg | Jan 19, 2022 | GCK on Law
There is conflicting case law as to whether it violates the automatic stay for a creditor to sue the debtor in bankruptcy court on a prepetition claim, for example in an adversary proceeding. Although the language of Section 362(a)(1) of the Bankruptcy Code clearly...
by Matthew Gensburg | Dec 21, 2021 | GCK on Law
In general, a corporation is a legal entity that exists separately and distinctly from its shareholders, officers and directors, and such parties are normally not subject to corporate liabilities. Fontana v. TLD Builders, Inc., 840 N.E.2d 767, 775 (2005). See also,...
by Sandra Mertens | Dec 14, 2021 | GCK on Law
Offers in Compromise (“Offers”) remain a vital form of relief for taxpayers who cannot afford to pay their IRS taxes in full. Offers are governed by a strict program whereby qualifying taxpayers may attempt to settle their debt to the IRS based on doubt as to...
by Matthew Gensburg | Nov 17, 2021 | GCK on Law
According to In re Gustafson, 316 B.R. 753 (Bankr. S.D.Ga. 2004) the dismissal of a bankruptcy case will normally result in the dismissal of the pending adversary proceedings because federal jurisdiction in premised upon the nexus between the underlying bankruptcy...
by Matthew Gensburg | Nov 10, 2021 | GCK on Law
Section 6402(a) of the Internal Revenue Code provides the Secretary of the Treasury with the discretion to set-off “any” tax overpayment against a taxpayer’s preexisting tax liabilities. Section 553 of the Bankruptcy Code, in turn, allows the IRS to set off a tax...
