GCK On Law
Courts conflicted whether installment land sales contracts are subject to Bankruptcy Code Section 365(a)
Courts have struggled with the specific issue of whether installment land sales contracts are executory contracts. Some consider installment land sales contracts to be executory, finding that performance remains on both sides, but the majority categorize them as...
Courts Split as to Whether the Automatic Stay Can Prevent Removal of State Court Actions
Removal of claims related to a bankruptcy case is governed by 28 U.S.C. §1452, which provides, in relevant part: A party may remove any claim or cause of action in a civil action * * * to the district court for the district where such civil action is pending, if such...
Conflict regarding application of Bankruptcy Code Section 525 to Public Housing Rights
Bankruptcy Code Section 525(a) provides that a governmental unit may not discriminate against a person with respect to certain grants solely because that person, inter alia, has had a debt discharged under the Bankruptcy Code. In the public housing context, this...
The SBA Paycheck Protection Program: Questions & Answers
On March 27, 2020, the CARES Act became law, creating and allocating $349 billion to the new “Paycheck Protection Program” (“PPP”) administered by the Small Business Association (“SBA”). The PPP allowed small businesses and sole proprietors to apply for loans...
These Coronavirus Times: Getting Your Stimulus / Economic Impact Payment
During this lengthy period of isolation and social distancing, many are struggling financially who will benefit from the government’s most recent stimulus package arising from COVID-19, designated “Economic Impact Payments.” Here are some of the most frequently asked...