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...
by Matthew Gensburg | Jun 26, 2019 | GCK on Law
BAPCPA imposed a host of new requirements on debtors, including expanded duties of financial disclosure. Under Bankruptcy Code Section 521(a)(1), a debtor is now required to file a list of creditors and “unless the Court orders otherwise,” various other detailed...
by Matthew Gensburg | Feb 20, 2019 | GCK on Law
Section 523(a)(3) of the Bankruptcy Code states in relevant part as follows: (a) A discharge under [chapter 7] * * * does not discharge an individual debtor from any debt – * * * * (3) listed nor scheduled * * * in time to permit – (A) if such debt is not...
by Matthew Gensburg | Feb 13, 2019 | GCK on Law
An executory contract, within the meaning of Section 365 of the Bankruptcy Code, is a contract whereby “‘performance remains due to some extent on both sides.’” N.L.R.B. v. Bildisco & Bildisco, 465 U.S. 513, 522 n.6, 104 S. Ct. 1188, 1194 n.6 (1984) (quoting H.R....
by Matthew Gensburg | Feb 6, 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 * *...
