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Materials listing for subsequent new value defense

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 »»

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. »»

Delaware Bankruptcy Judge Sontchi Holds Subsequent New Value Defense Not Reduced by Post Petition Payments

In a case of apparent first impression, U.S. Bankruptcy Judge Christopher S. Sontchi considers whether post-petition “critical vendor” payments of pre-petition claims reduced “new value”. Judge Sontchi »»

A Three Question, Preliminary Self Assessment of a Bankruptcy Preference Claim

By asking and answering three simple questions, a bankruptcy preference defendant can perform a rough cut, preliminary self-assessment of exposure to an avoidable transfer claim under Section »»

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 »»

Interep National Radio Sales, Inc. Bankruptcy: Silverman v. Burst Media Corp. – Memorandum of Law in Support of Motion for Summary Judgment

05/26/2011 – Memorandum of Law in Support of Motion for Summary Judgment, filed in the Interep National Radio Sales, Inc. Adversary Proceedings by Burst Media Corp. »»

Circuit City Stores Bankruptcy Court – Transfer to Satisfy 503(b)(9) Claim Negates New Value

Eastern District of Virginia Bankruptcy Judge Kevin R. Huennekens, in a December 1, 2010 opinion in Circuit City Stores, Inc. v. Mitsubishi Digital Electronics America, Inc. (AP »»

“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 »»

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

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 »»

Bankruptcy Preference Subsequent New Value Defense

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.

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