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...
by Matthew Gensburg | Dec 5, 2018 | GCK on Law
Section 727(a)(2)(A) of the Bankruptcy Code states: (a) The court shall grant the debtor a discharge, unless– (2) the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has...
by Matthew Gensburg | Oct 31, 2018 | GCK on Law
Courts are divided as to whether statutory redemption periods are stayed by Section 362(a) of the Bankruptcy Code. There are also competing views as to whether the tax purchaser holds a claim treatable in bankruptcy, e.g., through a Chapter 11 or 13 plan. This...
by E. Philip Groben | Oct 24, 2018 | GCK on Law
The United States District Court for the District of Delaware recently affirmed a bankruptcy court decision enforcing confirmed chapter 11 plan provisions over the objection of the Internal Revenue Service, and in so doing, reduced the tax payable to the IRS by more...
by Matthew Gensburg | Sep 11, 2018 | GCK on Law
A dispute exists among the courts as to whether the lease assumption process found in Bankruptcy Code Section 365(p)(2) also contemplates compliance with the reaffirmation procedures of Section 524(c), i.e., “[a]n agreement between a holder of a claim and the debtor,...
