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Preferences

Setoff: Preference Defense 2.0

Feb 2018

Bankruptcy Code
101
547
Topic Tags
Administrative Expense Claims
Claims
Bankruptcy Litigation
Creditors' Committee
Preferences
Business Reorganization
Unsecured Trade Creditors
Tuesday, December 19, 2017
Article Tags
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Preferences
Business Reorganization
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Supreme Court Won’t Decide a Circuit Split on Garnished Wages as Preferences

Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.

Supreme Court

Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs

Status of claims for overpayment of domestic support obligations begs for appellate review.

7th Circuit
Illinois
Illinois Northern District

Two Bankruptcy Cases on the Supreme Court’s Calendar: Plus Other Circuit Splits Waiting in the Wings

Nov 2017

Topic Tags
Asset Sales
Bankruptcy Litigation
Corporate Governance
Ethics
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Preferences
Valuation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Business Reorganization
Finance and Banking

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

2nd Circuit
New York
New York Southern District

Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial

Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.

11th Circuit
Florida
Florida Southern District

The Investigation of Financial Statements for Fraud

Dec 2017

Topic Tags
Claims
Bankruptcy Litigation
Corporate Governance
Creditors' Committee
Ethics
Financial Advisors
Fraud
Fraudulent Transfers
Plan Confirmation
Preferences
Valuation
Business Reorganization
Commercial Fraud
Finance and Banking
Insurance
International Insolvency
Lender Liability
Public Companies and Claims Trading
Puerto Rico
Turnaround Issues
Unsecured Trade Creditors

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

Supreme Court

Circuit Split on Wage Garnishments Underpins a Certiorari Petition

Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.

Supreme Court
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