Click here to view the blog’s second Quarterly Newsletter, summarizing all posts issued from April through June in 2016.
Avoidance Action Update
Covering the latest news with respect to preference actions, fraudulent transfers and everything else under the bankruptcy code's avoidance statutes
Quarterly Newsletter, Volume I, Issue 2 – 2016
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Bayard, P.A.
600 N. King Street, Suite 400
P.O. Box 25130
Wilmington, DE 19899
www.bayardlaw.com
emiller@bayardlaw.com
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Categories
- Contemporaneous Exchange for New Value (11 U.S.C. § 547(c)(1))
- Elements (11 U.S.C. § 547(b))
- Fraudulent Transfer – Actual Fraud (11 U.S.C. § 548(a)(1)(A))
- Fraudulent Transfer – Constructive Fraud (11 U.S.C. § 548(a)(1)(B))
- Liability of Transferee (11 U.S.C. § 550)
- Ordinary Course of Business - Objective (11 U.S.C. § 547(c)(2)(B))
- Ordinary Course of Business - Subjective (11 U.S.C. § 547(c)(2)(A))
- Quarterly Newsletter
- Setoff (11 U.S.C. § 553)
- State Fraudulent Transfer (11 U.S.C. § 544)
- Subsequent New Value (11 U.S.C. § 547(c)(4))
Recent posts
- Judge Owens (Bankr. D. Del.) Issues First Avoidance Opinion in Rejecting Defendant’s Argument That Complaint Was Time-barred
- Judge Sontchi (Bankr. D. Del.) Holds That Bankruptcy Courts May Enter Final Judgment on Core Fraudulent Transfer Claims Against Party With No Filed Claim
- Judge Gross (Bankr. D. Del.) Grants Insider’s Motion to Dismiss Chapter 7 Trustee’s Claims to Avoid Prepetition Setoffs
- Judge Walrath (Bankr. D. Del.) Denies Motion to Transfer Venue of Preference Action Notwithstanding Defendant’s Forum Selection Clause
- Delaware Bankruptcy Judge Addresses Issue of First Impression Regarding Section 547(b)(5): Must a Preference Defendant Be Secured on the Transfer Date or the Petition Date?
- D.C. Bankruptcy Court Finds Pillowtex Analysis Not Required for Retaining Section 327(e) Professional
- Defining Ordinary: Judge Walrath (Bankr. D. Del.) Surveys Ordinary Course of Business Methodologies in In re Powerwave Technologies
- Are Customer Funds Held by Debtor Logistics Company Property of the Debtor’s Estate? Chief Judge Ferguson (D.N.J.) Addresses Multiple Avoidance Issues in TransVantage Solutions
- Can an Administrative Claim Be Used to Offset Preference Liability? Judge Carey (D. Del.) Addresses an Issue of First Impression in Quantum Foods
- Are Invoice Terms Alone Sufficient to Establish Contemporaneous Exchange for New Value or Ordinary Course of Business Defenses? In Cousins Fish Market, Second Circuit Offers Guidance
- Quarterly Newsletter, Volume I, Issue 2 – 2016
- Does a Recent Change of Ownership Impact a Preference Defendant’s Ordinary Course of Business Defense? Judge Davis (Bankr. W.D. Tex.) Provides an Answer in In re Sterry Industries, Inc.
- Seventh Circuit Reverses Bankruptcy and District Courts in Delineating the Ordinary Course of Business’s Baseline of Dealings Requirement in In re Sparrer Sausage Co.
- Third Circuit Addresses Issue of First Impression in Finding the Payee Irrelevant for Purposes of Applying Section 547(c)(9)’s Aggregate Value Threshold in In re Net Pay Solutions, Inc.
- Quarterly Newsletter, Volume I, Issue 1 – 2016
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The contents of this blog (“Blog”) are the property of Bayard, P.A. (“Bayard”) and are provided for general informational and educational purposes only, not to provide specific legal advice. By using this blog site you understand that nothing herein is intended to solicit or create an attorney-client relationship between you and Bayard, the Blog’s editors or contributors. Bayard, the Blog’s editors or contributors make no warranty or guarantee regarding the validity or accuracy of the posts published herein, be it now or in the future. The Blog and its content are not a substitute for obtaining legal advice and followers of the Blog should always seek competent legal advice from a licensed professional attorney in their state.