As bankruptcy attorneys who often defend clients in preference avoidance actions, we were pleased with the 547(b) amendments, effective as of February 20, 2020, requiring a trustee to conduct some
Continue Reading What level of “reasonable due diligence” is actually required under Section 547(b) and does it really matter?Preference Litigation
Court Pulls Carpet Out from Under Trustee’s Preference Claim
By Kevin McCarrell & Stephanie Slater on
The Eleventh Circuit sided with the Third Circuit in finding that a creditor’s administrative claim under 11 U.S.C. § 503(b)(9) does not offset its new value defense pursuant to 11…
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Critical Vendor Order Insufficient to Protect Critical Vendors Against Preference Claims
By Nicholas A. Koffroth on
In a recent post, our own Harriet Wallace observed a truism in a recent ruling by the United States Bankruptcy Court for the District of Delaware in the chapter…
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Gross Opinion Calls New Value “A Beacon of Light”
By Fox Rothschild LLP on
In a 32 page opinion entered December 5, 2017 Judge Gross of the Delaware Bankruptcy Court ruled on cross motions for summary judgment concerning an avoidance action in the Simplexity…
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RadioShack Preference Litigation UPDATE
By Fox Rothschild LLP on
As detailed in this previous post, the Liquidating Trustee appointed to prosecute preference actions in the RadioShack bankruptcy proceeding filed approximately 383 preference actions in late October and early…
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Chopper Express Preference Actions Filed
By Fox Rothschild LLP on
In the United States Bankruptcy Court for the District of New Jersey, Charles Forman, the Chapter 7 Trustee to the debtors, Chopper Express, Inc., Chopper DDS, Inc., Life Trucking, Inc.,…
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Tri-Valley Corp. Bankruptcy – Preference Complaint Dismissed – Leave to Amend Granted
By Fox Rothschild LLP on
Summary
In a straight-forward 11 page decision signed January 7, 2015, Judge Walrath of the Delaware Bankruptcy Court granted a defendant’s motion to dismiss a preference complaint, but granted the…
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Conex Bankruptcy – Summary Judgment in a Preference Action
By Fox Rothschild LLP on
In an 18 page opinion released December 18, 2014 in the Conex Holdings bankruptcy (Bank. D. Del. 11-10501), Judge Sontchi of the Delaware Bankruptcy Court analyzed the “ordinary course of…
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NOLs – A Recoverable Transfer?
By Fox Rothschild LLP on
In a 27 page opinion released October 23, 2014 in the Conex Holdings case (Bank. D. Del. 11-10501), Judge Sontchi of the Delaware Bankruptcy Court provided his analysis of the…
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Capitol Infrastructure, LLC Preference Litigation
By Fox Rothschild LLP on
From April 22 – 24, 2014, Jeoffrey L. Burtch, Chapter 7 Trustee of the Capitol Infrastructure, LLC bankruptcy estates, filed approximately 71 complaints seeking to avoid and recover alleged preferential…
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