Preferences

‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court

Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.

Entire Garnishment Is a Preference, Even What the Creditor’s Lawyer Keeps

The appeals court sticks to basics and rejects several clever arguments to beat a preference.

Feb 2021

Jan 2021

Summer

Tenth Circuit Panel Splits on a Triangular Preference

Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.

Oct 2020

Two Bankruptcy Judges Address Splits on Two Major Preference Issues

Does Rule 9006(a) expand the 30-day window for perfection, and can perfection be “substantially contemporaneous” even if perfection occurs after 30 days?

Majority of Courts Still Permit Small-Dollar Avoidance Suits in the Debtor’s Home Court

New York district judge agrees with the ABI Journal: Congress did not succeed in requiring trustees to file small-dollar avoidance actions in the defendant’s district.