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SCC Clarifies Corporate Attribution Rules in Reviewable Transactions in Bankruptcy and Insolvency Cases

Feb 2025

Topic Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Fraud
Fraudulent Transfers
Legislation
Practice and Procedure
Preferences
Business Reorganization
Commercial Fraud
International Insolvency

Can’t Touch This: Pre-Petition Liens Fail to Reach Chapter 5 Actions

Jan 2025

Bankruptcy Code
541
Topic Tags
Fraudulent Transfers
Preferences

Standard Deviation Can’t Be the Only Test to Prove the ‘Ordinary Course’ Defense

District judge in Delaware says that expert testimony must establish whether standard deviation is a proper statistical test to prove the ‘ordinary course’ defense to a preference.

3rd Circuit
Delaware

Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt

To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.

3rd Circuit
Delaware

How “Ordinary” Are Merchant Cash Advance Transactions?

Dec 2024

Bankruptcy Code
547
Topic Tags
Bankruptcy Litigation
Preferences
Business Reorganization

Debt Market Efficiency

Nov 2024

Bankruptcy Code
CHAPTER 11 - Reorganization
Topic Tags
Claims
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Fraudulent Transfers
Plan Confirmation
Preferences
Valuation
Business Reorganization
Finance and Banking
Investment Banking
Public Companies and Claims Trading

Common Valuation Errors: The DCF Methodology

Nov 2024

Topic Tags
Alternative Dispute Resolution
Asset Sales
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Fraudulent Transfers
Plan Confirmation
Preferences
Valuation
Business Reorganization
Investment Banking
Real Estate
Retail
Unsecured Trade Creditors

Recent Trade Creditor Victories on the Objective Ordinary-Course-of-Business Preference Defense

Nov 2024

Bankruptcy Code
547
Topic Tags
Bankruptcy Litigation
Preferences
Business Reorganization

A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says

The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.

8th Circuit
Iowa
Iowa Northern District

Reports by Risk Management Association Admissible to Prove ‘Ordinary Course’ Defense

Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.

3rd Circuit
Delaware
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