GCK On Law
Who May Claim Breach of Fiduciary Duty under 755 ILCS 45/2-7(f)? In re Estate of Piton, 2024 IL App (3d) 24005
In January of 1968, Patrick Piton wrote a will which left his estate to his parents provided that they survive him, then to his siblings provided that they survive him, and then to his niece and nephews in equal shares. During his lifetime, Patrick named his siblings,...
Corporate Transparency Act Back in Effect – Beneficial Ownership Reports Due Soon
For those following the ping-pong match in the federal courts, as of February 17, 2025, the Corporate Transparency Act (“CTA”) has bounced back to the government’s side and is again in effect, requiring all “reporting companies” to file an “initial” and any required...
Nationwide Injunction Barring Government from Enforcing the Corporate Transparency Act or its Filing
As discussed in our previous article: Is the Corporate Transparency Act Constitutional?, the constitutionality of the Corporate Transparency Act (“CTA”) has been challenged in several different cases. The first case to reach a result was National Small Business United...
Bankruptcy Rule 1009(a) – Amending Schedules Upon Reopening Case
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 split among the courts as to whether a...
Section 727(a)(6)(a) – Definition of “Refuse”
Section 727(a)(6)(A) of the Bankruptcy Code provides in relevant part that “[t]he court shall grant the debtor a discharge, unless, the debtor has refused, in the case - (A) to obey any lawful order of the court, other than an order to respond to a material question...