GCK On Law
Virtual Currency: U.S. Laws and Enforcement Trends
Virtual currencies such as Bitcoin and Ethereum turned 10 years old in 2018. As virtual currencies become more mainstream, governments around the globe have brainstormed ways to regulate and tax virtual currencies. Fluctuations in prices, difficulties using or...
Unscheduled Claims may be Nondischargeable in No Asset Cases
Section 523(a)(3) of the Bankruptcy Code states in relevant part as follows: (a) A discharge under [chapter 7] * * * does not discharge an individual debtor from any debt - * * * * (3) listed nor scheduled * * * in time to permit - (A) if such debt is not of a kind...
Treatment of License Agreements under Bankruptcy Code Section 365
An executory contract, within the meaning of Section 365 of the Bankruptcy Code, is a contract whereby “‘performance remains due to some extent on both sides.’” N.L.R.B. v. Bildisco & Bildisco, 465 U.S. 513, 522 n.6, 104 S. Ct. 1188, 1194 n.6 (1984) (quoting H.R....
A Partially Disputed Claim May Be Subject To A Bona Fide Dispute per 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 * *...
Application of Section 523(a)(3) in No Asset Bankruptcy Cases
Section 523(a)(3) of the Bankruptcy Code states in relevant part as follows: (a) A discharge under [chapter 7] * * * does not discharge an individual debtor from any debt - * * * * (3) listed nor scheduled * * * in time to permit - (A) if such debt is not of a kind...