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.

Hot Topics with Bill Rochelle

“Venue” Make a Change, Be Sure to Get It Right: Two Bankruptcy Code Changes that Fall Short

Jan 2021

Poking at Preference Actions: SBRA Amendments Signal the Need for Change

Tenth Circuit Panel Splits on a Triangular Preference

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

Critical-Vendor Status: An Additional Preference Defense?

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.

Rebutting the Presumption of Insolvency During a Pandemic

Nov 2020