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Is Prepetition Bad Faith “Cause” For Dismissal In A Chapter 7?

In a recent case out of the Southern District of Florida, the Court outlined the standard for dismissal of an individual’s Chapter 7 case based on the Debtor’s pre-petition bad faith behavior. The statutory language of §...more

PACA Trust Not Trust Giving Rise To Non-Dischargeability Claim Under Section 523(a)(4)

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 the type of trust that...more

Dear Preference Target – 11th Cir. Says New Value Need Not Remain Unpaid

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 value defense, under Section 547(c)(4), does not...more

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