by E. Philip Groben | Mar 5, 2020 | GCK on Law
Section 366 of the Bankruptcy Code gives debtors and debtors-in-possession protection against post-petition disconnection of services through providing utility providers with an ‘adequate assurance’ of payment. Subject to other provisions of the Bankruptcy Code,...
by Matthew Gensburg | Feb 25, 2020 | GCK on Law
The question of whether a bankruptcy court has jurisdiction to enter money judgments on non-dischargeable debts has resulted in divergent opinions. These divergent opinions can be categorized as either the “expansive approach” or the “limited jurisdiction approach.”...
by Matthew Gensburg | Jan 14, 2020 | GCK on Law
Section 362(k) of the Bankruptcy Code allows the award of damages for a stay violation only to “an individual injured by any willful violation of a stay.” This singular reference to “individuals” has given rise to a split among the courts with respect to whether...
by Matthew Gensburg | Jan 7, 2020 | GCK on Law
Section 546(a) of the Bankruptcy Code sets a two-year time limit for the commencement of avoidance actions on behalf of the bankruptcy estate. This provision was amended in 1994 to provide an additional year for such actions running from the date of the appointment...
by Matthew Gensburg | Dec 31, 2019 | GCK on Law
Bankruptcy Code Section 554(a) permits the trustee to abandon estate property upon a showing that it is either burdensome, or of an inconsequential value and benefit to the estate. Abandonment can also occur under Section 554(c) if property of the estate is properly...
