In a case of first impression, the Eleventh Circuit held that a creditor's new value defense available under section 547(c)(4)(B) of the Bankruptcy Code is not offset by "otherwise unavoidable...
Judge(s):
Wilson and Lagoa, Circuit Judges and Martinez, District Judge
BAP for 10th Cir. reversed ruling of bankruptcy court (D. NM) after bankruptcy court entered defense verdict against plaintiff chapter 7 trustee on 547 and 548 claims. Post-confirmation payments by...
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
Affirmed district court and bankruptcy court ruling voiding a transfer of real estate title conducted via the New Jersey tax foreclosure proceedings as preferential under 11 U.S.C 547(b). The Court...
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8,
11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
BAP for 10th Circuit affirmed ruling of bankruptcy court (D. Colo.) granting defendants' motion for summary judgment based on determination that transfer occurred outside of preference period....
The Second Circuit held that a claim against a law firm for settlement proceeds received by the law firm on behalf of the client was a general unsecured claim where the law firm dissipated the...
Judge(s):
Dennis Jacobs, Robert D. Sack, and Paul A. Engelmayer (District Judge)
