Circuit Split Narrows on the New Value Defense to a Preference
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
Judge Name - Do not use it.
Julie E. Carnes
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Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
Judge Name - Do not use it.
Frank P. Geraci, Jr.
Accelerating Payments Defeats the ‘Ordinary Course’ Defense
Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.
Judge Name - Do not use it.
Robert D. Mariani
Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
Judge Name - Do not use it.
Peter G. Sheridan
Barnhill Determines the Date of a Post-Petition Transfer, BAP Says
A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.
Judge Name - Do not use it.
Julia W. Brand