December 28, 2016

‘All Assets’ Combined with ‘Including’ Makes a UCC-1 Bulletproof, Circuit Says

Even if location is wrong, financing statement is sufficient by saying ‘all assets.’

2nd Circuit

August 04, 2016

Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules

Automatic disallowance under Section 502(d) held not applicable to administrative claims.

3rd Circuit, Delaware

July 22, 2016

Preference Rules Are the Same When Two Bankruptcies Collide

The Dreier Ponzi scheme, like Madoff, makes law on claims of defrauded creditors.

2nd Circuit

July 19, 2016

Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules

GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.

2nd Circuit

June 15, 2016

Seventh Circuit Broadens ‘Ordinary Course’ Defense to Benefit Suppliers

Seventh Circuit lauds Judge Lane’s Quebecor World preference opinion.

7th Circuit

May 12, 2016

Third Circuit Insulates the IRS from Preference Claims for Trust Fund Taxes

Aggregation was not permitted to surmount the $6,225 minimum for preferences.

3rd Circuit

March 18, 2016

Judge Writes a Treatise on Provisional Overdrafts and Preferences

No debt, and thus no preference, arises until after the midnight deadline.

8th Circuit, Iowa, Iowa Northern District