Standard Deviation Can’t Be the Only Test to Prove the ‘Ordinary Course’ Defense
District judge in Delaware says that expert testimony must establish whether standard deviation is a proper statistical test to prove the ‘ordinary course’ defense to a preference.
Court:
Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt
To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.
Court:
Debt Market Efficiency
Journal Issue:
A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says
The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.
Reports by Risk Management Association Admissible to Prove ‘Ordinary Course’ Defense
Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.
Court:
Payments Made with Insurance Nevertheless Were Preferences, District Judge Says
Payments from insurance must be properly structured to avoid preference liability.