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The Bankruptcy StrategistFeaturesBankruptcyLitigationRegulation

Update On Preference and Fraudulent Transfer Litigation

By Michael L. Cook
September 01, 2022

The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.

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New Value Defense Not Reduced by Debtor's Post-Petition Payment of Twenty-Day Goods Administrative Claim (§503(b)(9))

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