GCK On Law

Section 547(c)(2)(B) of the Bankruptcy Code was the former subjective component of the three-pronged test set forth in Section 547(c)(2) of the Bankruptcy Code and involves the question of whether the transfer was “made in the ordinary course of business or financial...

Subchapter V of the Bankruptcy Code allows a debtor to confirm a “consensual” Subchapter V plan if the requirements of Section 1129(a), other than subparagraph 15, are met.  However, the debtor may seek a “non-consensual” cramdown of a Subchapter V plan under Section...

Courts that permit third-party releases often rely on Sections 1129(a)(1), 1123(b)(6) and 105 of the Bankruptcy Code.  In re Millennium Lab Holdings II, LLC, 2018 WL 4521941, at *20 (D.Del. Sept. 21, 2018).  However, the issue of whether bankruptcy courts have the...

Section 1307(b) of the Bankruptcy Code provides that “[o]n request of the debtor at anytime, if the case has not been converted under Sections 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter.  Any waiver of the right to dismiss...

Rule 1009(a) of the Federal Rules of Bankruptcy Procedure provides that schedules “may be amended by the debtor as a matter of course at any time before the case is closed.”  This facially simple provision, however, has led to a, a split among the courts as to whether...