by Sandra Mertens | Jul 31, 2023 | GCK on Law
The “Queen of Soul,” Aretha Franklin, passed away on August 16, 2018 at age 76. She was survived by four children from three different fathers. Initially when she passed away, her family could not find a Will and began to probate Aretha’s estate as if she had not left...
by Sandra Mertens | Jun 29, 2023 | GCK on Law
On January 1, 2021, Congress enacted the Corporate Transparency Act (codified as 31 U.S.C. §5336) (“CTA”) within the larger National Defense Authorization Act (“NDAA”). The NDAA authorized funds for the Department of Defense, the military, the Department of Energy,...
by Matthew Gensburg | Jun 15, 2023 | GCK on Law
Damages for stay violations are allowed under Section 362(k) of the Bankruptcy Code. Section 362(k)(1) provides that “[e]xcept as provided in paragraph (2), an individual injured by any willful violation of a stay provided by this section shall recover actual...
by Matthew Gensburg | Jun 15, 2023 | GCK on Law
In In re Chernushin, 911 F.3d 1265 (10th Cir. 2018), Gregory and Andrea Chernushin owned a second home in Colorado in joint tenancy with right of survivorship. Eventually, Mr. Chernushin (but not Ms. Chernushin) filed for bankruptcy. During the bankruptcy...
by Matthew Gensburg | Feb 13, 2023 | GCK on Law
Section 727(d) of the Bankruptcy Code provides for a debtor’s discharge to be revoked in certain circumstances, including under subsection which states: (d) On request of the trustee, a creditor, or the United States trustee, and after notice and a hearing, the court...
by Matthew Gensburg | Jan 6, 2023 | GCK on Law
The Bankruptcy Code (the “Code”) does not expressly prohibit a Chapter 7 debtor from simultaneously seeking relief under Chapter 13. Notwithstanding this fact, courts have split on whether a debtor may maintain two separate pending bankruptcy proceedings. A majority...
