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Preferences

Accelerating Payments Defeats the ‘Ordinary Course’ Defense

Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.
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Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules

Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
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Barnhill Determines the Date of a Post-Petition Transfer, BAP Says

A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.
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Supreme Court Won’t Decide a Circuit Split on Garnished Wages as Preferences

Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.
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Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs

Status of claims for overpayment of domestic support obligations begs for appellate review.

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