Circuit Split Narrows on the New Value Defense to a Preference
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
Court:
Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
You Gotta Have Faith
Journal Issue:
Post-Jevic
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Accelerating Payments Defeats the ‘Ordinary Course’ Defense
Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.
Court:
Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
Court:
Barnhill Determines the Date of a Post-Petition Transfer, BAP Says
A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.
Court: