GCK On Law
Late filed returns may render tax obligations nondischargeable
Pursuant to Section 523(a)(1)(B)(i) and (ii) of the Bankruptcy Code: A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this [the Bankruptcy Code] does not discharge an individual debtor from any debt - (1) for a tax or custom duty - * * * * (B) with...
Breach of Contract Giving Rise to Section 523(a)(6) Nondischargeability
Section 523(a)(6) of the Bankruptcy Code excepts from discharge debts for "willful and malicious injury by the debtor to another entity or to the property of another entity." Whether a claim for breach of contract can give rise to Section 523(a)(6) exception to...
Disagreement as to partial dispute giving rise to a bona fide dispute for purposes of Section 303(b)(1)
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 *...
Diverging Opinions Upon Prior Course of Dealing Under Section 547(c)(2)(A)
Section 547(c)(2)(B) of the Bankruptcy Code was the former subjective component of the three-pronged test set forth in §547(c)(2) of the Bankruptcy Code, and involves the question of whether the transfer was “made in the ordinary course of business or financial...
Automatic Dismissal of a Bankruptcy Proceeding under Section 521(i)(1)
BAPCPA imposed a host of new requirements on debtors, including expanded duties of financial disclosure. Under Bankruptcy Code Section 521(a)(1), a debtor is now required to file a list of creditors and “unless the Court orders otherwise,” various other detailed...