GCK On Law
Courts Divided as to Amount of Time in Which Interim Trustee May Bring Avoidance Actions
Section 546(a) of the Bankruptcy Code sets a two-year time limit for the commencement of avoidance actions on behalf of the bankruptcy estate. This provision was amended in 1994 to provide an additional year for such actions running from the date of the...
Courts Divided Whether Individual Debtor may Retain Exempt Property in §1129(b) Cramdown
In order to confirm a Chapter 11 plan, the debtor must meet the requirements of 11 U.S.C. §1129(a). In connection therewith, subject to the exception contained in Section 1129(a)(8), all impaired classes under the plan must vote in favor of acceptance of the plan. ...
Courts Divided on Abandonment of Assets not Disclosed on Schedule A/B
Section 554(c) of the Bankruptcy Code provides that, unless the court orders otherwise, “any property scheduled under section 521(a)(1) of this title not otherwise administered at the time of the closing of a case is abandoned to the debtor.” Surprisingly, courts...
Self-Employed Taxpayers: How to Claim COVID-19 Sick and Family Leave Credits on Your 2020 Form 1040 Income Tax Return
In March 2020, the federal government passed the Families First Coronavirus Response Act (“FFCRA”) which provided a refundable tax credit for eligible self-employed individuals who were unable to work or telework because they or a family member had COVID-19. The tax...
Split in Whether Petitioning Creditor May Hold Partially Disputed Claim
Section 303(b)(1) of the Bankruptcy Code provides, in relevant part, that “[a]n involuntary case against a person is commenced by the filing with the bankruptcy court of a petition under chapter 7 or 11 of this title – (1) by three or more entities, each of which is *...