Preferences

The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants

Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.

Court :

9th Circuit

California

California Central District

How the Ordinary Course Defense Works When the Supplier Doesn’t ‘Hound’ for Payment

The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’

Court :

2nd Circuit

New York

New York Eastern District

Supplier Socked for $3.5 Million in Preferences Although All Bills Were Paid on Time

Hounding a debtor for payment and shortening credit terms defeated an ‘ordinary course’ defense to a preference.

Court :

7th Circuit

Indiana

Indiana Southern District

House Bills Aim to Curtail Executive Bonuses

March 2022

Bankruptcy Code

503

547

Topic Tags

Administrative Expense Claims

Preferences

Business Reorganization

Rochelle’s Rocky Mountain Case Law Update

Bankruptcy Code

Topics

Alternative Dispute Resolution

Automatic Stay

Claims

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Preferences

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

International Insolvency

Municipal Bankruptcy

Puerto Rico

Small Business

Links

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The Valuation of Contingent Estate Litigation Claims

March 2022

Bankruptcy Code

1129

Topic Tags

Claims

Bankruptcy Litigation

Business Reorganization

Public Companies and Claims Trading

Uniform Commercial Code/Article 9

Split Grows on Barring Fraudulent Transfer Attacks on Real Estate Tax Foreclosures

Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.

Court :

6th Circuit