April 7, 2022
Being branded as a creditor is like a tattoo; it won’t ever come off.
February 25, 2022
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
February 8, 2022
The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’
February 7, 2022
Hounding a debtor for payment and shortening credit terms defeated an ‘ordinary course’ defense to a preference.
January 5, 2022
Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.
November 24, 2021
The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.
November 15, 2021
The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.
July 27, 2021
Critical vendor status is a defense to a preference claim only when the defendant was specifically named in an order, stipulation or agreement requiring full payment of the creditor’s prepetition claim, Judge Dorsey says.
February 4, 2021
Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.
February 1, 2021
The appeals court sticks to basics and rejects several clever arguments to beat a preference.