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The Bankruptcy Strategist

November 2008

The 547(c)(4) New Value Defense: Paid or Unpaid

The Replenishment Approach

By Brian L. Shaw and Patrick A. Clisham

It will come as no surprise that there is a long-standing split of authorities among the courts concerning whether or not subsequent new value must remain unpaid for the purposes of § 547(c)(4). This article discusses where the courts stand today.

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