Preferences

New York Bankruptcy Judge Declines to Follow Enron Decision by SDNY District Judge

Claims traders are put on notice: Purchasing a claim doesn’t insulate the buyer from disallowance under Section 502(d).

As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says

An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver

Barton Doctrine Didn’t Protect a Special Master from a Preference Suit

Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.

Release of a Subordinate Lien Held to Be ‘New Value’ for a Preference Defense

Eighth Circuit BAP crafts a preference rule protecting lenders in out-of-court workouts.
Court: 

New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules

Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.

Chapter 7 Debtor’s Counsel Permitted to Defend Creditors in Avoidance Suits

Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.

Pages