Contractor’s Inchoate Lien Defense Defeats a Preference, Most Courts Hold
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
BAP says the Tenth Circuit adopts legal fictions to create preferences.
Court:
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
Court:
One Preference Won’t Prevent Another from Being a Preference
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity
Plain language of Section 547 defeated what could have been an easily avoided preference.
‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
Judge Declines to Apply ‘Earmarking’ Defense to a GM Lien Avoidance
‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.