Burbage Weddell LLC law articles about subsequent new value defense
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 »»
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. »»
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.
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 »»
