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Materials listing for defenses and limitations
Assessing and Proving the Subsequent New Value Defense to Bankruptcy Preference Claims
The subsequent new value defense is perhaps the most used defense. It is, from a books and records perspective, the easiest defense to prove. The focus is »»
Lessons of an Economic Analysis of the 204 Intermet Bankruptcy Preference Adversary Proceedings
Over a 3 day period, August 9th, 10th and 11th, 2010, the trustee of the liquidating trust for Intermet Corporation and its 19 co-debtors (the “Debtors”), filed »»
Mixing and Matching Defenses – Employing Multiple Defenses Against Multiple Claimed Preference Payments
One of the most critical but often overlooked opportunities to defend bankruptcy preference claims regards the ability to apply multiple defenses when there have been multiple payments. »»
SemCrude 356 Bankruptcy Preference Actions Filed Under Stricter Pleading Standard of In Re Charys
On July 22, 2008, SemCrude, L.P. and 26 affiliated debtors (the “Debtors”) filed bankruptcy petitions in Delaware Bankruptcy Court (Lead Case No. 08-11525). On July 21, 2010, »»
Basic Bankruptcy Preference Terminology
Bankruptcy preference law uses confusing and often counter-intuitive terminology. This article focuses on a few of the bankruptcy preference terms that seem to be most »»
Sec. 546 – Limitations on Avoiding Powers
TITLE 11–BANKRUPTCY CHAPTER 5–CREDITORS, THE DEBTOR, AND THE ESTATE SUBCHAPTER III–THE ESTATE
Sec. 546. Limitations on avoiding powers
Section 546(a) – The statute of limitations provision for avoidance actions.
KEY »»
Sixth Circuit: Enabling Loan Collateralization Remains at Risk as Preferential Transfer Until Lien is “Actually Noted on Kentucky Certificate of Title” Leaves Purchase Money Lenders Subject to the Vagaries of Motor Vehicle Title Administration.
On July 2, 2010, the United States Court of Appeals for the Sixth Circuit ruled that, under Kentucky law, the “immunizing” effect of a purchase money security »»
Sec. 547 – Preferences
From the U.S. Code Online via GPO Access *
[Laws in effect as of January 3, 2006 with Increase in threshold under Sec. 547(c)(9) from $5,000 to $5,475 »»
Delaware Bankruptcy Court Confirms Applicability of Section 1409(b) Venue Dollar Threshold to Claims for Recovery of Avoidable Preferential Transfers under Section 547
The Bankruptcy Court for the District of Delaware, Judge Kevin Gross, has confirmed the applicability to preference actions of the venue dollar threshold of 28 USC Section »»
“Subsequent Advance” Approach to Subsequent New Value May Still Live in the Eleventh Circuit… and Payment of 503(b)(9) Administrative Expense Claim Held to Reduce Subsequent New Value Defense to Bankruptcy Preference
A simple statement of the April 28, 2010 holding in TI Acquisition, LLC, v. Southern Polymer, Inc. 2010 WL 1993848 (Bankr.N.D.Ga.), may paint the decision as adverse »»