GCK On Law

Section 546(a)(1)(B) – Appointment of an Interim Trustee

Section 546(a) of the Bankruptcy Code sets a two-year time limit for the commencement of avoidance actions on behalf of the bankruptcy estate.  This provision was amended in 1994 to provide an additional year for such actions running from the date of the appointment...

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Section 1142 – Post Confirmation Jurisdiction

Under 28 U.S.C. §1334, a federal district court has original jurisdiction over "all civil proceedings arising under title 11, or arising in or related to cases under title 11.”  Significantly, §1334 does not distinguish between a court’s pre-confirmation and...

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Sections 362(a)(3), 542(a) – Return of Collateral

Section 362(a) of the Bankruptcy Code provides that the filing of a bankruptcy petition automatically triggers a stay.  Of particular relevance to this memorandum, Section 362(a)(3) of the Bankruptcy Code provides that a bankruptcy petition “operates as a stay,...

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