by Matthew Gensburg | Dec 9, 2019 | GCK on Law
Under 28 U.S.C. §1334, a federal district court has original jurisdiction over “all civil proceedings arising under title 11, or arising in or related to cases under title 11.” Significantly, §1334 does not distinguish between a court’s pre-confirmation and...
by Matthew Gensburg | Dec 3, 2019 | GCK on Law
Section 362(a) of the Bankruptcy Code provides that the filing of a bankruptcy petition automatically triggers a stay. Of particular relevance to this memorandum, Section 362(a)(3) of the Bankruptcy Code provides that a bankruptcy petition “operates as a stay,...
by Matthew Gensburg | Nov 5, 2019 | GCK on Law
Removal of claims related to bankruptcy cases is governed by 28 U.S.C. §1452, which provides, in relevant part: A party may remove any claim or cause of action in a civil action * * * to the district court for the district where such civil action is pending, if such...
by Matthew Gensburg | Oct 22, 2019 | GCK on Law
In Dewnsup v. Timm, 502 U.S. 410, (1992), the Supreme Court addressed the question of whether Chapter 7 debtors could strip down a consensual lien against their real property. In that case, the property was encumbered by a first deed of trust securing payment of...
by Matthew Gensburg | Oct 7, 2019 | GCK on Law
Courts have disagreed on the issue of whether an unsecured creditor can recover fees incurred post-petition. Compare, In re SNTL Corp., 380 B.R. 204 (9th Cir. BAP 2007) (unsecured creditor was entitled to include contract based attorney’s fees incurred post-petition...
