July 7 - Members and Subscribers - Welcome to the new and improved abi.org! - If you have not already done so, please reset your ABI password to access the site. Click "Login" and then "Forgot Password"
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
Links
Please login with the link at the top
to access Law Review Articles or
click here
to join ABI.
Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.