Preferences

Supreme Court Won’t Decide a Circuit Split on Garnished Wages as Preferences

Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.

Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs

Status of claims for overpayment of domestic support obligations begs for appellate review.

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial

Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

Circuit Split on Wage Garnishments Underpins a Certiorari Petition

Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.

Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense

Average daily sales suffice to show the date when new value was advanced.
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