Bankruptcy Preference - Bankruptcy Creditor Law & Bankruptcy Preference Defense

Bankruptcy Preference Statute of Limitations Trustee Appointment Extension

burbageweddell — Wed, 24 Feb 2010 03:24:55 +0000

The HomeBanc Mortgage Corporation bankruptcy was filed on August 9, 2007, well over 2 years and 5 months ago. This week 386 bankruptcy preference adversary proceeding complaints »»

Can Pre-Petition Deliveries Provide a Bankruptcy Preference “New Value” Defense and Section 503(b)(9) Administrative Expense?

burbageweddell — Tue, 02 Feb 2010 14:30:35 +0000

Does a supplier have to choose between asserting a subsequent new value bankruptcy preference defense and making a Section 503(b)(9) administrative expense request? Judge Marian F. Harrison »»

Debtors’ Bankruptcy Preference vs Administrative Expense Ploy – A Tactic that Needs to be Stopped

burbageweddell — Wed, 09 Dec 2009 02:04:02 +0000

In adding Section 503(b)(9) in the 2005 amendments to the Bankruptcy Code, did Congress intend that the supplier beneficiaries of the new section would wear a sign »»

Best, Worst Examples of Using 503(b)(9) Claims to Settle Bankruptcy Preference Claims

burbageweddell — Tue, 23 Jun 2009 04:04:40 +0000

Increasing instances of administrative insolvency, especially in the automotive sector, have caused many suppliers to question the value of 503(b)(9) claims. Even when administrative expense claims are »»

Debtor Onslaught to Disallow Supplier 503(b)(9) Administrative Expenses

burbageweddell — Sun, 29 Nov 2009 23:52:37 +0000

Bankrupt retailer and manufacturer attacks on allowance of administrative expenses under Section 503(b)(9) of the Bankruptcy Code are increasing in frequency, breadth and ingenuity. One recent case »»

27 Automotive Suppliers File Chapter 11 Bankruptcies in 2009; End of Year Status Summary; Likelihood of Bankruptcy Preference Recovery

burbageweddell — Sat, 09 Jan 2010 19:28:22 +0000

Pressures in the global automotive industry forced 27 FN1 automotive parts and component manufacturers and 2 automakers to seek Chapter 11 bankruptcy protection in 2009. The number »»

Fluid Routing Solution Bankruptcy to Convert to 7, Preference Claims Coming

burbageweddell — Wed, 16 Sep 2009 22:33:18 +0000

The other shoe in the Fluid Routing Solutions (now know as Carolina Fluid Handling Intermediate Holding Corp.) bankruptcy has finally dropped. On September 14, 2009, slightly »»

Documentation Makes Contemporaneous Exchange Preference Defense a Winner

JSBurbage — Sun, 11 Jan 2009 21:52:20 +0000

In this pose, we address THE CONTEMPORANEOUS EXCHANGE DEFENSE. In particular we discuss the following elements: the “Zone of Information” that applies to this defense; the basic elements of the defense; and a simple example of the application of the defense.

Bankruptcy Preference Subsequent New Value Defense

burbageweddell — Sun, 11 Jan 2009 22:19:48 +0000

In this post, which includes a short video presentation, we review the “subsequent new value” defense, including: the “Zone of Information” that applies to this defense; the basic elements of the defense; and a simple example of the application of the defense.

Multiple Payments – Multiple Bankruptcy Preference Defenses – Mixing and Matching

JSBurbage — Sun, 11 Jan 2009 22:32:07 +0000

In this post, which includes a short video, we review the mixing and matching of defenses in the case of multiple payments in the preference period.