Preferences

Strict Rule Compliance Not Required for Serving a Complaint, Circuit Says

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

Are Valuation Disputes Futile?

Jan 2023

Transfer Occurs When Property Is Placed in Escrow or In Custodia Legis

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

A recent decision by the Eleventh Circuit Court of Appeals addresses an issue previously addressed by only one other circuit court and should be welcome news for preference defendants asserting a “subsequent new value” defense while also having a § 503(b)(9) claim. In the case of Auriga Polymers Inc. v.

Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(a)'s Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose

Average Lateness and Bucketing Tests Confirm the Ordinary Course Defense

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

Benchnotes September 2022

Sept 2022