by Matthew Gensburg | Sep 30, 2019 | GCK on Law
Bankruptcy Rule 1009(a) provides that schedules “may be amended by the debtor as a matter of course at any time before the case is closed.” This facially simple provision, however, has led to a split among the courts as to whether a debtor has an automatic right to...
by Matthew Gensburg | Jul 24, 2019 | GCK on Law
Pursuant to Section 523(a)(1)(B)(i) and (ii) of the Bankruptcy Code: A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this [the Bankruptcy Code] does not discharge an individual debtor from any debt – (1) for a tax or custom duty – * *...
by Matthew Gensburg | Jul 17, 2019 | GCK on Law
Section 523(a)(6) of the Bankruptcy Code excepts from discharge debts for “willful and malicious injury by the debtor to another entity or to the property of another entity.” Whether a claim for breach of contract can give rise to Section 523(a)(6)...
by Matthew Gensburg | Jul 10, 2019 | GCK on Law
Section 303(b)(1) of the Bankruptcy Code provides, in relevant part, that “[a]n involuntary case against a person is commenced by the filing with the bankruptcy court of a petition under chapter 7 or 11 of this title – (1) by three or more entities, each of which is *...
by Matthew Gensburg | Jul 3, 2019 | GCK on Law
Section 547(c)(2)(B) of the Bankruptcy Code was the former subjective component of the three-pronged test set forth in §547(c)(2) of the Bankruptcy Code, and involves the question of whether the transfer was “made in the ordinary course of business or financial...
