by Matthew Gensburg | Nov 10, 2021 | GCK on Law
Section 6402(a) of the Internal Revenue Code provides the Secretary of the Treasury with the discretion to set-off “any” tax overpayment against a taxpayer’s preexisting tax liabilities. Section 553 of the Bankruptcy Code, in turn, allows the IRS to set off a tax...
by Matthew Gensburg | Oct 6, 2021 | GCK on Law
Section 362(c) of the Bankruptcy Code governs termination of the automatic stay. Under Section 362(c)(3)(A) of the Bankruptcy Code, if a debtor had a case pending within the preceding one-year that was dismissed, then “[t]he stay under Section (a) with respect to any...
by Matthew Gensburg | Sep 27, 2021 | GCK on Law
The determination of dischargeability of a debt involves a two-step process: (1) the establishment of a valid prepetition debt owed by the debtor under applicable non-bankruptcy law and (2) a determination whether the debt is nondischargeable under Section 523 of the...
by Matthew Gensburg | Sep 14, 2021 | GCK on Law
Venue in bankruptcy cases is generally governed by 28 U.S.C. §1409(a) which provides that venue in an adversary proceeding is proper in the district court in which a bankruptcy case is pending. However, Section 1409(b) provides an exception to this rule, stating:...
by Matthew Gensburg | Jun 3, 2021 | GCK on Law
Section 1123(b)(6) of the Bankruptcy Code provides that a plan may “include any other appropriate provision not inconsistent with the applicable provisions of this title.” Section 105(a) of the Bankruptcy Code provides that the Court “may issue any order,...
