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South Florida Trial Practice
PACA Trust Not Trust Giving Rise to Non-Dischargeability Claim Under Section 523(a)(4)
By Heather Ries
Perishable Agricultural Commodities Act ("PACA") creates a trust to protect produce suppliers. In a recent S.D. of Florida Bankruptcy Case, the issue before the Court was whether a PACA trust is…
Law Trends
Give Me Liberty, or Give Me Death? Supreme Court May Resolve Circuit Split on Effect of Rejection of Trademark Licenses in Bankruptcy
By John Knapp
It might sound odd to the ears of an intellectual property lawyer, but trademarks are not intellectual property—as defined in Section 101(35A) of the Bankruptcy Code, anyway. The significance of…
Restructuring Globalview
I’ll Gladly Pay You Tuesday for an Ice Cream Cone Today: 11th Circuit Clarifies Availability of “New Value” Defense in Bankruptcy Preference
Last month, the Eleventh Circuit Court of Appeals clarified the circumstances under which a creditor can assert a “new value” defense to a preference action under section 547(c)(4) of the…
South Florida Trial Practice
Dear Preference Target – 11th Cir. Says New Value Need Not Remain Unpaid
By Heather Ries
In an excellent decision for preference targets, the Eleventh Circuit recently held in the case of Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC) that the new…
In Solvency
Eleventh Circuit Holds “New Value” Need Not Remain Unpaid
By Fox Rothschild LLP, Fox Rothschild LLP
Michael Temin writes: One of the commonly asserted defenses to preference avoidance actions is the “new value” defense set forth in 11 U.S.C. § 547(c)(4). One issue considered by courts…
New Jersey Law Blog
EMS Bankruptcy Preference Complaints: Trade Creditors Protect Yourselves
In the last few days, hundreds of bankruptcy complaints against trade creditors were filed by bankrupt Chapter 11 debtor VRG Liquidating, LLC (formerly EMS) (docket 16-10971). The crux of the…
Bankruptcy Litigation Blog 2.0
Links for Restructuring Professionals to Key Cases, Articles, and News Briefs for June 2018 (Part IV)
Some more Sunday reading for you with an aggregation of 25 of my Twitter posts from mid-June 2018, with links to important cases, articles, and news briefs that restructuring professionals should find of…
In Solvency
Ninth Circuit Clarifies Point Center Decision — To Preserve Right to Appeal, there Must be Evidence in the Bankruptcy Record That Appellant was Appearing, Objecting or Represented
An opinion issued yesterday by the U.S. Court of Appeals for the Ninth Circuit reiterates the importance of filing written objections and appearing in the Bankruptcy Court to preserve rights…
Restructuring Debt Review
Bankruptcy Discharge Violations: Contempt Requires Actual Knowledge
By Oren Haker, Gabrielle Glemann, Learon John Bird
On April 23, 2018, the Ninth Circuit held in In re Taggart (the “Opinion”) that a creditor will not be held in contempt for violating the bankruptcy discharge injunction if…
Bankruptcy Litigation Briefing
For Fraudulent Transfer Statute of Limitations, Transfer of Real Property Occurred upon Recording of Deed, not Execution
A recently issued opinion by the U. S Bankruptcy Court for the District of New Mexico provides some guidance on the relevant date for the transfer of real property for…