by Matthew Gensburg | Feb 15, 2021 | 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 | Feb 11, 2021 | GCK on Law
Section 706(a) of the Bankruptcy Code (“Code”) provides “[t]he debtor may convert a case under this chapter to a case under chapter 11, 12 or 13 of this title at any time, if the case has not been converted under section 1112, 1208 or 1307 of this title.” While the...
by Matthew Gensburg | Nov 9, 2020 | GCK on Law
Under Section 109(f) of the Bankruptcy Code, “[o]nly a family farmer * * * with regular annual income may be a debtor under chapter 12 of this title.” Chapter 12 of the Bankruptcy Code provides for the adjustment of debts of a “family farmer” as the term is defined...
by Matthew Gensburg | Nov 4, 2020 | GCK on Law
Congress explicitly authorized bankruptcy courts to enter final judgments resolving disputes over fraudulent conveyances in 28 U.S.C. §157(b)(2)(H) which provides that “[b]ankruptcy judges may hear and determine all * * * core proceedings arising under title 11 * * *...
by Matthew Gensburg | Oct 20, 2020 | GCK on Law
The Bankruptcy Code does not provide a definition of the term “executory contract.” The majority of courts apply the “Countryman test” to determine if a contract is executory, which provides that a contract is executory if the obligations of both the debtor and the...
