On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
BAP says the Tenth Circuit adopts legal fictions to create preferences.
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
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.
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.