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Helping Debtors on the Fringe

Bankruptcy Code

Topics

Consumer Bankruptcy

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Is It in the Name? A Sub V Trustee’s Pursuit of Avoidance Actions

Bankruptcy Code

11 U.S.C. § 544

Topic Tags

Bankruptcy Litigation

Business Reorganization

Trustees Come in All Shapes and Sizes

Bankruptcy Code

Topics

Court Administration

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Avoidance Actions Update

Bankruptcy Code

Topics

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Effective Motion Practice in Bankruptcy Court

Bankruptcy Code

Topics

Practice and Procedure

Consumer Bankruptcy

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Evidence: Empower, Excellence, Enjoy

Bankruptcy Code

Topics

Bankruptcy Litigation

Practice and Procedure

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Benchnotes March 2025

Bankruptcy Code

11 U.S.C. § 365

Topic Tags

Executory Contracts/Leases

Discharge/Dischargeability

Uniform Commercial Code/Article 9

Applying Pressure on the Debtor Obviates the ‘Ordinary Course’ Defense to a Preference

The ‘ordinary course’ defense only applies to credit terms with healthy customers, not to debtors in financial distress, even if pressure is ordinary in the industry.

Court :

A Delaware District’s Guide to Pleading Preference and Fraudulent-Transfer Claims

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

A Transfer from the Debtor to a Constructive Trust Isn’t a Transfer of Debtor’s Property

If there’s a constructive trust on property in the debtor’s name, the debtor was only the trustee of the constructive trust and had no legal interest in the property.

Court :

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