Topic
Preference Actions
210 published works
Delaware Bankruptcy Blog
Nothing Ordinary About It: Delaware Court Rejects Simple Statistics in Preference Action
By Carl D. Neff
In the recent decision of FI Liquidating Trust v. The Terminix International Company Limited Partnership, Civ. No. 23-1233 (D. Del. Oct. 29, 2024), the United States District Court for the…
Delaware Bankruptcy Blog
Delaware Bankruptcy Court Holds SBRA Due Diligence Is an Element of a Preference Claim — But Rule 9(c) Governs Pleading
By Carl D. Neff
In Pinktoe Liquidation Trust v. Dellal (In re Pinktoe Tarantula Limited), Adv. Pro. No. 20-50597 (Bankr. D. Del. Apr. 14, 2023), Judge Laurie Selber Silverstein addressed a question that has…
The HB Blog
Recessions, Bankruptcy, and Preference Actions
By Ethan Minkin
Ongoing economic turmoil makes now the right time to discuss U.S. bankruptcies and preference actions. In the United States and much of the world, inflation is running out of control…
Hunton Retail Law Resource
Courts Begin Interpreting New Due Diligence Requirements for Trustees Before Filing Preference Actions
In an underreported amendment to the Bankruptcy Code, the Small Business Reorganization Act amended §547(b) of the Code to add an explicit requirement for the bankruptcy trustee or debtor in…
In Solvency
Critical Vendor Order Insufficient to Protect Critical Vendors Against Preference Claims
In a recent post, our own Harriet Wallace observed a truism in a recent ruling by the United States Bankruptcy Court for the District of Delaware in the chapter 7 iteration…
Talkov Law Blog
Preference Defense in Bankruptcy – Ordinary Course of Business Transfers
By Nick Moss
Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession…
Talkov Law Blog
Ordinary Course of Business Transfers – Preference Defense in Bankruptcy
By Nick Moss
Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession…
Talkov Law Blog
Preference Defense in Bankruptcy – Contemporaneous Exchange of New Value
By Nick Moss
Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession…
Talkov Law Blog
Contemporaneous Exchange of New Value – Preference Defense in Bankruptcy
By Nick Moss
Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession…
Delaware Bankruptcy Blog
Preference Actions Filed in NSC Wholesale Holdings in the Delaware Bankruptcy Court
By Carl D. Neff
Starting on October 14, 2020, NSC Wholesale Liquidating Trust ("NSC Trust"), the liquidation trust appointed by the by the United States Bankruptcy Court for the District of Delaware to prosecute…