Rochelle's Daily Wire

Following the 2005 amendments, satisfying either the subject test or the objective test will prove the ‘ordinary course’ defense to a preference, Judge Hoffman says.

If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.

Invoking Supreme Court authority, the Tenth Circuit says that inferences from the evidence are reviewed for clear error just like findings of fact themselves.

The insured’s bankruptcy can allow other claimants to recover a preference from one claimant who drew down the policy limit.

A preference opinion from Houston counsels creditors to be cautious when they are expecting payment from insurance.

Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.

A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.

Circuit Judge Frank Easterbrook tersely held that the Supreme Court’s Barnhill opinion overruled prior Seventh Circuit precedent.

The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.