by Matthew Gensburg | Jun 25, 2018 | GCK on Law
Pursuant to Section 1112(b) of the Bankruptcy Code, a chapter 11 petition may be dismissed for cause if it appears that the petition was not filed in good faith. Marsch v. Marsch (In re Marsch), 36 F.3d 825, 828 (9th Cir.1994). A chapter 11 petition is not filed in...
by E. Philip Groben | Jun 22, 2018 | GCK on Law
Bankruptcy Rule 8002(a)(1) requires bankruptcy appeals be filed within 14 days of the entry of an adverse order. Thus, when faced with an adverse ruling, a would-be appellant must quickly consider the substantive merits and financial burden of an appeal. Part of...
by Matthew Gensburg | May 29, 2018 | GCK on Law
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.” In In re Awan, 2017 WL 4179816 (Bankr.C.D.Ill.), the court dealt with the split whether a debtor has an automatic right to amend his/her...
by Matthew Gensburg | Apr 30, 2018 | GCK on Law
Section 541 of the Bankruptcy Code establishes that a debtor’s bankruptcy estate includes “all legal and equitable interests of the debtor in property as of the commencement of the case.” This includes causes of action the debtor has against others as of the...
by Matthew Gensburg | Apr 16, 2018 | GCK on Law
Section 330(a)(1) of the Bankruptcy Code governs compensation for various categories of bankruptcy court professionals, including Chapter 7 trustees. It states that, “subject to sections 326, 328, and 329, the court may award to a trustee * * * reasonable...
