Preferences

Date of a Garnishment Order Doesn’t Matter for Preferences, Seventh Circuit Says

Circuit Judge Frank Easterbrook tersely held that the Supreme Court’s Barnhill opinion overruled prior Seventh Circuit precedent.
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Strict Rule Compliance Not Required for Serving a Complaint, Circuit Says

The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.
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Transfer Occurs When Property Is Placed in Escrow or In Custodia Legis

When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.

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Average Lateness and Bucketing Tests Confirm the Ordinary Course Defense

A district judge in Brooklyn applied the two most commonly used tests for the ‘ordinary course’ defense to uphold dismissal of preference complaints.

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