Preferences

May a Trustee Attach a Preference Defendant’s Property Before Judgment?

If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.

Avoidance Actions Are Estate Property that May Be Sold, the Fifth Circuit Says

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.
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Earmarking Requires Dominion/Control and No Diminution of the Estate, Circuit Says

Invoking Supreme Court authority, the Tenth Circuit says that inferences from the evidence are reviewed for clear error just like findings of fact themselves.
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Glomming On to an Entire Insurance Policy Can Be a Voidable Preference, Circuit Says

The insured’s bankruptcy can allow other claimants to recover a preference from one claimant who drew down the policy limit.
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