GCK On Law
Bankruptcy Court Retention of Jurisdiction over Adversary Proceedings Following Dismissal of the Underlying Bankruptcy Case Pursuant to Section 349
According to In re Gustafson, 316 B.R. 753 (Bankr. S.D.Ga. 2004) the dismissal of a bankruptcy case will normally result in the dismissal of the pending adversary proceedings because federal jurisdiction in premised upon the nexus between the underlying bankruptcy...
Courts Differ on Resolving Potential Conflict between IRC §6402(a) and Bankruptcy Code §522(c)
Section 6402(a) of the Internal Revenue Code provides the Secretary of the Treasury with the discretion to set-off “any” tax overpayment against a taxpayer’s preexisting tax liabilities. Section 553 of the Bankruptcy Code, in turn, allows the IRS to set off a tax...
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:...