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Setoff (11 U.S.C. § 553)
State Fraudulent Transfer (11 U.S.C. § 544)
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Subsequent New Value (11 U.S.C. § 547(c)(4))
News
Blog
- Judge Owens (Bankr. D. Del.) Issues First Avoidance Opinion in Rejecting Defendant’s Argument That Complaint Was Time-barred
- Defining Ordinary: Judge Walrath (Bankr. D. Del.) Surveys Ordinary Course of Business Methodologies in In re Powerwave Technologies
- 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.
- ‘Average Payment Time’ vs. ‘Range of Payment Statistics’: Judge Carey (Del.) Weighs in Favor of the Latter in In re AES Thames, LLC Preference Dispute
- Is Denial of Receipt Enough to Contest Service Under 12(b)(5)? Must a Preference Complaint Allege More Than Recipient, Transfer Date, and Amount to Satisfy Twombly/Iqbal? Judge Sontchi Clarifies Delaware’s View
Publications
Legal Updates
Contemporaneous Exchange for New Value (11 U.S.C. § 547(c)(1))
Elements (11 U.S.C. § 547(b))
- Judge Gross (Bankr. D. Del.) Grants Insider’s Motion to Dismiss Chapter 7 Trustee’s Claims to Avoid Prepetition Setoffs
- 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?
- Revised on Remand: Judge Walrath Reduces Defendant’s New Value Defense and Awards the Trustee Prejudgment Interest in Remanded Proceeding
Fraudulent Transfer – Actual Fraud (11 U.S.C. § 548(a)(1)(A))
- Delaware Bankruptcy Judge Dorsey Issues Bench Ruling in Cryptocurrency Fraudulent Transfer Litigation
- 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 Houle (Bankr. C.D. Cal.) Addresses the Impact of Substantive Consolidation On Fraudulent Transfer Defenses in In re Empire Land, LLC
- Badges of Fraud and the Imputation of Actual Fraudulent Intent – Chief Judge Shannon (Bankr. D. Del.) Issues Latest Order in Long-Running Syntax-Brillian Fraudulent Transfer Action
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))
- 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
- 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.
- Decision by the Bankruptcy Appellate Panel for the First Circuit Provides a Cautionary Tale for Preference Defendants
Ordinary Course of Business - Subjective (11 U.S.C. § 547(c)(2)(A))
Quarterly Newsletter
Last updated: February 29, 2016