Appeals, Bankruptcy Code, Preferential Transfers

The Ultra Vires Exception to the Barton Doctrine is Very Narrow

Ervin Cohen & Jessup LLP on 2/13/2025

Q: I am a state court receiver in a case that has been disrupted by a bankruptcy filing. The bankruptcy trustee has been threatening to sue me, in the bankruptcy court, for what she claims were negligent actions and to...more

The Letter of Credit Conundrum: When a Debtor’s Default May Be Preferable to Its Late Payment

Pillsbury Winthrop Shaw Pittman LLP on 8/20/2020

“Can an unsecured creditor be better off when the debtor defaults rather than paying off the debt? Yes: Law can be stranger than fiction in the Preference Zone.”—Ninth Circuit Untimely payment by tenants and other obligors...more

Eleventh Circuit Expands "Subsequent New Value" Preference Defense to Cases Involving Paid-For New Value

Jones Day on 3/1/2019

In Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit broadened the scope of section 547(c)(4) of the Bankruptcy Code’s...more

A Matter of Preference: Court of Appeals for the Eleventh Circuit Holds That the Bankruptcy Code Does Not Require New Value to...

A&O Shearman on 9/6/2018

On August 14, 2018, the United States Court of Appeals for the Eleventh Circuit issued a decision holding that section 547(c)(4) of the Bankruptcy Code, which provides a defense to the avoidance of preferential transfers to...more

Eleventh Circuit Issues Opinion on New Value Defense to a Preference Claim

Holland & Knight LLP on 8/21/2018

• In its recent decision in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), the U.S. Court of Appeals for the Eleventh Circuit held that liability for a...more

Blue Bell Creameries: Dishing Out a New Value Treat for Preference Defendants

Burr & Forman on 8/21/2018

Trying to explain the primary purpose of Section 547 of the Bankruptcy Code to a client that just received a demand letter or complaint to avoid and recover preferential transfers can be a tough sell. Although the Section’s...more