Skip to main content
Help Center
ABI Journal

Preferences

The Date of Service of a Writ of Garnishment Is the Date of Transfer of a Preference

Circuits are split on the date of transfer resulting from a garnishment.

2nd Circuit
Connecticut

New York Decision Shows that Merit Management Is a Dead Letter

The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.

2nd Circuit
New York
New York Southern District

Are Courts More Likely to Disallow Claims Purchased from Recipients of Avoidable Transfers?

Aug 2020

Bankruptcy Code
11 U.S.C. §§ 101-1532
Topic Tags
Claims
Preferences

Beware: Closing a Case Quickly Can Preclude Filing New Avoidance Actions

Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).

10th Circuit
New Mexico

BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account

The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.

1st Circuit

Supreme Court Ducks Equitable Mootness and Third-Party Releases

The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.

Supreme Court

New York Bankruptcy Judge Declines to Follow Enron Decision by SDNY District Judge

Claims traders are put on notice: Purchasing a claim doesn’t insulate the buyer from disallowance under Section 502(d).

2nd Circuit
New York
New York Southern District

Navigating Restructuring Considerations and Managing Distress Amid COVID-19

July 2020

Topic Tags
Asset Sales
Claims
Bankruptcy Litigation
Corporate Governance
Ethics
Financial Advisors
Legislation
Plan Confirmation
Practice and Procedure
Preferences
Valuation
Consumer Bankruptcy
Consumer Debt
Business Reorganization
Commercial Fraud
Covid19
Finance and Banking
International Insolvency
Labor/Employment
Lender Liability
Mass Torts
Municipal Bankruptcy
Public Companies and Claims Trading
Turnaround Issues

As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says

An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver

10th Circuit
Colorado

Barton Doctrine Didn’t Protect a Special Master from a Preference Suit

Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.

10th Circuit
Colorado
Subscribe to %1