Volume 27 - Number 5 | March 2010
| March Issue in PDF Format … |
| Defending the Preference and Fraudulent Transfer Safe Harbor By Michael L. Cook As shown in this article, some lower courts have inconsistently enforced the safe harbor provisions in the preference and fraudulent transfer context, generating costly litigation for the asserted cause of creditor recovery. |
| Substantial Contribution Claims By Steven B. Smith and Jennifer A. Muller Where a creditor retains a professional to advance a particular position in a Chapter 11 case whose efforts result in the making of a substantial contribution to the case, such creditor can potentially get reimbursed for all of its out-of-pocket expenses, including for reasonable compensation for professional services rendered. |
| Second Circuit: 502(d) Does Not Apply to Administrative Claims By Marion M. Quirk In ASM Capital, LP v. Ames Department Stores, Inc. the Second Circuit Court of Appeals (the "Second Circuit") held that § 502(d) of the Bankruptcy Code, which disallows claims until the claimant has returned all voidable preferential payments and other voidable transfers from the debtor's estate, does not apply to disallow administrative claims under 503(b). |
