Rochelle's Daily Wire

ABI Exclusive

August 29, 2022

A district judge in Brooklyn applied the two most commonly used tests for the ‘ordinary course’ defense to uphold dismissal of preference complaints.

July 26, 2022

A shipment received by a debtor within 20 days of filing gives the creditor both an administrative claim and a new value defense to a preference, the Eleventh Circuit says.

July 1, 2022

Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.

June 21, 2022

The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.

June 9, 2022

Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.

April 7, 2022

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.