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Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.
Average daily sales suffice to show the date when new value was advanced.
Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.
Restitution payment does not qualify for the new value preference defense.
Case Law and Rules Update: Parts I and II
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.
Pssst, Can You Keep a Secret? Unperfected “Secret” Liens as a Preference Defense
June 2017
Lessors Beware: Lease Termination Might Give Rise to Fraudulent Transfer or Preference Claims
May 2017