‘Once a Creditor, Always a Creditor,’ Even if the Claim Is Paid, Judge Phillips Says
Being branded as a creditor is like a tattoo; it won’t ever come off.
The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants
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.
How the Ordinary Course Defense Works When the Supplier Doesn’t ‘Hound’ for Payment
The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’
Supplier Socked for $3.5 Million in Preferences Although All Bills Were Paid on Time
Hounding a debtor for payment and shortening credit terms defeated an ‘ordinary course’ defense to a preference.
Rochelle’s Rocky Mountain Case Law Update
Split Grows on Barring Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
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.
Court: