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.
Court:
The Wrath of Stern
Please sign in to access Materials or click here to join ABI.
Judicial Round-and-Round: Part II
Please sign in to access Law Review Articles or click here to join ABI.
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.
‘Admin’ Claims for 20-Day Shipments Don’t Offset the New Value Defense, Circuit Says
A shipment received by a debtor within 20 days of filing gives the creditor both an administrative claim and a new value defense to a preference, the Eleventh Circuit says.
Court: