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 * *...
by Matthew Gensburg | Dec 11, 2018 | 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...
