GCK On Law

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...

Section 554(a) of the Bankruptcy Code permits the trustee to abandon estate property upon a showing that it is either burdensome or of inconsequential value and benefit to the bankruptcy estate.  Abandonment can also occur under Section 554(c) if property of the...

The general rule in bankruptcy is that unsecured creditors are not entitled to post-petition interest on their allowed claims.[1]  An exception to this rule is found in Section 726(a)(5) of the Bankruptcy Code which provides for the payment of “interest at the legal...