Preferences | ABI

Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense

Average daily sales suffice to show the date when new value was advanced.

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Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules

Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.

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Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says

Restitution payment does not qualify for the new value preference defense.

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Pennsylvania Western District

Case Law and Rules Update: Parts I and II

Bankruptcy Code

Topics

Alternative Dispute Resolution

Creditors' Committee

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Consumer Bankruptcy

Discharge/Dischargeability

Predatory Lending

Bankruptcy Taxation

Business Reorganization

International Insolvency

Municipal Bankruptcy

Links

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Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts

‘Ordinary course’ defense failed when overdrafts spiked during the preference period.

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Pssst, Can You Keep a Secret? Unperfected “Secret” Liens as a Preference Defense

Bankruptcy Code

Topic Tags

Business Reorganization

Lessors Beware: Lease Termination Might Give Rise to Fraudulent Transfer or Preference Claims

Bankruptcy Code

11 U.S.C. § 548

Topic Tags

Bankruptcy Litigation

Fraudulent Transfers

Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules

Test case on preferences deepens a circuit split and lays the groundwork for certiorari.

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