GCK On Law
Conflict in the Intent Requirement of Section 727(a)(2)
Section 727(a)(2)(A) of the Bankruptcy Code states: (a) The court shall grant the debtor a discharge, unless– (2) the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has...
Conflict as to Whether the Automatic Stay Tolls Statutory Redemption Periods
Courts are divided as to whether statutory redemption periods are stayed by Section 362(a) of the Bankruptcy Code. There are also competing views as to whether the tax purchaser holds a claim treatable in bankruptcy, e.g., through a Chapter 11 or 13 plan. This...
Practice Note: Plan Provisions Control Over IRS Equitable Recoupment
The United States District Court for the District of Delaware recently affirmed a bankruptcy court decision enforcing confirmed chapter 11 plan provisions over the objection of the Internal Revenue Service, and in so doing, reduced the tax payable to the IRS by more...
Sections 365(p)(2) & 524(c) – Need to Reaffirm Personal Property Lease
A dispute exists among the courts as to whether the lease assumption process found in Bankruptcy Code Section 365(p)(2) also contemplates compliance with the reaffirmation procedures of Section 524(c), i.e., “[a]n agreement between a holder of a claim and the debtor,...
Conflict in Discharge of Post-Petition Condominium Assessments
A dispute exists among the courts as to whether a debtor's personal liability for condominium fees assessed after the filing of a petition for relief can be discharged in a Chapter 13 case under Section 1328(a) of the Bankruptcy Code. A similar dispute does not exist...