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.
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.
Bankruptcy judge reluctantly follows precedent where the Seventh Circuit is in the minority on the new value defense.
The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.