by Matthew Gensburg | Aug 18, 2026 | GCK on Law
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...
by Matthew Gensburg | Apr 24, 2026 | GCK on Law
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...
by Matthew Gensburg | Feb 11, 2026 | GCK on Law
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...
by Matthew Gensburg | Jan 6, 2026 | GCK on Law
Under Section 707(b)(1) of the Bankruptcy Code, the court “may dismiss a case filed by an individual debtor under [Chapter 7] whose debts are primarily consumer debts * * * if it finds that the granting of relief would be an abuse of the provisions of [Chapter 7].” ...
by Matthew Gensburg | Dec 11, 2025 | 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 1123(a)(5) states that “a plan shall provide adequate means for the plan’s...
