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The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.
Know When to Hold ’Em, Know When to Fold ’Em: The Differences Between a Loan and Merchant Cash Advance
Jan 2023
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
Circuit Ruling Expands Subsequent New-Value Preference Defense
Dec 2022
Eleventh Circuit Upholds “New Value” Defense to Preference Claim Without Reduction for Payment of Creditor’s § 503(b)(9) Claim
Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(a)'s Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose
2022
A district judge in Brooklyn applied the two most commonly used tests for the ‘ordinary course’ defense to uphold dismissal of preference complaints.
Navigating Zombies and Alter-Egos: Eleventh Circuit Reaffirms Standards for Receiver Standing
Oct 2022
