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Judge Walrath Describes Due Diligence to Plead After the Amendment to Section 547(b)
The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.
Court:
Tenth Circuit BAP Defines the Elements of the Earmarking Defense
Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.
Court:
Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees
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Please note that in order to view the content for the Committee Articles and Announcements you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
‘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.’