by Matthew Gensburg | Oct 6, 2021 | GCK on Law
Section 362(c) of the Bankruptcy Code governs termination of the automatic stay. Under Section 362(c)(3)(A) of the Bankruptcy Code, if a debtor had a case pending within the preceding one-year that was dismissed, then “[t]he stay under Section (a) with respect to any...
by Matthew Gensburg | Sep 27, 2021 | GCK on Law
The determination of dischargeability of a debt involves a two-step process: (1) the establishment of a valid prepetition debt owed by the debtor under applicable non-bankruptcy law and (2) a determination whether the debt is nondischargeable under Section 523 of the...
by Matthew Gensburg | Sep 14, 2021 | GCK on Law
Venue in bankruptcy cases is generally governed 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 | Jun 3, 2021 | GCK on Law
Section 1123(b)(6) of the Bankruptcy Code provides that a plan may “include any other appropriate provision not inconsistent with the applicable provisions of this title.” Section 105(a) of the Bankruptcy Code provides that the Court “may issue any order,...
by Matthew Gensburg | May 21, 2021 | GCK on Law
A chapter 11 debtor generally may not make payments or other distributions on account of prepetition claims except through a confirmed plan of reorganization or court-authorized liquidation. See 11 U.S.C. §1129(b)(1). See also In re Windstream Holdings Inc., 614...
by Matthew Gensburg | May 10, 2021 | GCK on Law
It has been stated that under general equitable principles of insolvency law, interest ceases to accrue at the beginning of a bankruptcy case. Three reasons have been given for this rule: (1) postpetition interest is a penalty imposed for a delay of payment required...
