Join Today and Benefit Daily from ABI's 35+ Years of Insolvency Expertise.
Join Today!
Help Center

547

Earmarking Seems to Be a Dead Letter in the Tenth Circuit

BAP says the Tenth Circuit adopts legal fictions to create preferences.
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.

Courts Divided on Venue for Small-Dollar Avoidance Actions

Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.
Court: 

Pages