GCK On Law

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:...

Section 1123(b)(6) of the Bankruptcy Code provides that a plan may “include any other appropriate provision not inconsistent with the applicable provisions of this title.”  Section 105(a) of the Bankruptcy Code provides that the Court "may issue any order, process, or...

A chapter 11 debtor generally may not make payments or other distributions on account of prepetition claims except through a confirmed plan of reorganization or court-authorized liquidation.  See 11 U.S.C. §1129(b)(1).  See also In re Windstream Holdings Inc., 614...

It has been stated that under general equitable principles of insolvency law, interest ceases to accrue at the beginning of a bankruptcy case.  Three reasons have been given for this rule: (1) postpetition interest is a penalty imposed for a delay of payment required...