Preferences | ABI

Judge Declines to Apply ‘Earmarking’ Defense to a GM Lien Avoidance

‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.

Court :

New York Southern District

Chicago Case May Resolve the Circuit Split on the New Value Defense

Bankruptcy judge reluctantly follows precedent where the Seventh Circuit is in the minority on the new value defense.

Court :

Illinois Northern District

Gambling Markers: New Value or No Value?

Bankruptcy Code

Topic Tags

Fraudulent Transfers

Consumer Bankruptcy

Hospitality, Entertainment Venues and Gaming

Benchnotes December 2018

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Bankruptcy Litigation

Financial Advisors

Consumer Bankruptcy

Discharge/Dischargeability

Blue Bell Creameries: Addressing the “Otherwise Unavoidable” Conundrum of the Plain Language in § 547(c)(4)(B)

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Business Reorganization

Turnaround Issues

Unsecured Trade Creditors

Back to the Future? Critical-Vendor Orders Cannot Be Applied Retroactively to Shield Preference Liability

Bankruptcy Code

CHAPTER 5 - Creditors, the Debtor and the Estate

Topic Tags

Business Reorganization

Unsecured Trade Creditors

Two Circuits Agree on When Social Security Benefits Accrue

The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.

Court :

Making the Right CHOICEs for a SIFI Bankruptcy

Bankruptcy Code

Topic Tags

Fraudulent Transfers

Benchnotes October 2018

Bankruptcy Code

11 U.S.C. § 548

chapter 13 plans

Topic Tags

Bankruptcy Litigation

Consumer Bankruptcy

Discharge/Dischargeability

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.

Court :

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