
Attorneys Defending Bankruptcy Bankruptcy Preference Claims Nationwide: 888.547.5170
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 »»
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. »»
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 »»
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 »»
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 »»
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. »»
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 »»
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 »»
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 »»
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.