GCK On Law
Section 506(b) – Prepetition Fees and Charges
In re 1300 Desert Willow Road, LLC, 2026 WL 2172297 (Bankr.S.D.N.Y. July 21, 2026) asked the question whether Section 506(b)’s reference to “reasonable fees, costs, or charges” impose a reasonableness limitation on the creditor's prepetition fees and other charges, or...
Section 502(b) – Post-Petition Attorneys’ Fees for Unsecured Creditors
Courts have disagreed on the issue of whether an unsecured creditor can recover fees incurred post-petition. Compare, for example, SNTL Corp. v. Ctr. Ins. Co. (In re SNTL Corp.), 571 F.3d 826, 42 (9th Cir.2009) (“[W]e reject the argument that section 506(b) preempts...
Section 362(k) – Sanctions / Attorneys’ Fees
Under Section 362(k)(1) of the Bankruptcy Code, “an individual injured by any willful violation of a stay * * * shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.” Some opinions have...
Section 9-109(a)(3) – Merchant Agreements
Merchant Agreements styled “merchant cash advances” or “receivables purchases” are facilities which provide debtors with immediate cash (and hence liquidity to operate) in exchange for the proceeds from future accounts receivable, which are often described as being...
Recent Changes to the IRS Independent Office of Appeals: What Does This Mean for Taxpayers?
The Internal Revenue Service (“IRS”) Independent Office of Appeals has introduced two initiatives aimed at promoting greater transparency and fairness to taxpayers: (1) a Post Appeals Mediation pilot program, and (2) taxpayer access to Appeals Case Memos. While these...