June 17, 2019
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
June 11, 2019
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
June 07, 2019
BAP says the Tenth Circuit adopts legal fictions to create preferences.
June 04, 2019
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
May 31, 2019
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
May 28, 2019
Plain language of Section 547 defeated what could have been an easily avoided preference.
May 22, 2019
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
March 21, 2019
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
January 31, 2019
‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.
January 28, 2019
Bankruptcy judge reluctantly follows precedent where the Seventh Circuit is in the minority on the new value defense.