Preferences

Accelerating Payments Defeats the ‘Ordinary Course’ Defense

Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.
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Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules

Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.

Barnhill Determines the Date of a Post-Petition Transfer, BAP Says

A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.
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