Pennsylvania Western District
Third-party releases would have been approved even if there were no ‘safe harbor’ defense.
A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.
Restitution payment does not qualify for the new value preference defense.
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
Courts use four approaches to harmonize Butner with Segal v. Rochelle.