BAP says the Tenth Circuit adopts legal fictions to create preferences.
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
Plain language of Section 547 defeated what could have been an easily avoided preference.
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.