GCK On Law
Disagreement over effect of termination of automatic stay under Section 362(c)(3)(A)
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...
Disagreement as to Whether Bankruptcy Courts may Enter Money Judgments on Non-Dischargeable Debt
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...
Courts Disagree on Proper Venue for Preference Actions
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:...
Considerations in Staying Third Party Litigation Pursuant to Section 105(a)
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, process, or...
Courts Place Limitations on Critical Vendor Motion
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...