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- BANKRUPTCY CODE, SECTION 1123(a)(4), EQUITABLE MOOTNESS DOCTRINE
- CHEMTURA, “MAKE-WHOLE”, “NO-CALL”, bankruptcy
- Converting Debt to Equity, Jennifer Convertibles Inc., DIP Loan, Bankruptcy, Assume and Assign, Ashley Homestores
- Section 503(b)(9), New Value, preference action, bankruptcy Code, section 547, Circuit City
- Twombly, Iqbal, Tweeter, Preference Actions, Bankruptfcy Code, 547, Motion to Dismiss
- Mere Conduit, preference action, bankruptcy code, section 547, good faith
- Neiger LLP Preference Action 3000
- rdinary Course of business defense, Payment pressure, avoudance action, preference action, section 547
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- Avoidance Action Report
- Ability To Avoid Transfers To Former Insiders May Vary Under Bankruptcy Code Sections 547 And 548
- Arbitration Clause is Not Enforceable In a Preference Action
- Arm’s Length, Pre-Petition Foreclosure Sale is Avoidable as a Preferential Transfer
- Bank’s Release of Lien is a Contemporaneous Exchange for New Value
- Claims Arising from an Avoidance Action Can be Reinstated Against the Debtor Personally
- Courts Continue To Refine The “New Value” Defense
- Courts Continue to Strengthen the “New Value” Defense
- Courts Divided on Whether to Disallow Administrative Expense Claims Due to Pending Avoidance Actions; Supreme Court Will Not Decide Issue
- Credit Card Balance Transfers are Avoidable
- Credit Card Balance Transfers Are Avoidable Preferential Transfers
- Debtor’s Transfer of Casino Chips is Avoidable Under Section 547
- Delphi: Another Case Where The Heightened Pleading Standards Of Twombly And Iqbal Are Applied To Preference Actions
- Motion for Summary Judgment Based on “Ordinary Course” Defense Denied
- Newly Discovered Fraudulent Transfers Could Be Added to Complaint After Two-Year Statute of Limitations Elapsed
- No Cause of Action for Aiding and Abetting Fraudulent Conveyance
- No Safe Harbor for Redemption of Commercial Paper Prior to Maturity
- Ordinary Course Defense Does Not Apply to Payments Where the Average Days-to-Payment Was Twice the Average in the Pre-Preference Period
- Payments made to Purchase Privately Held Securities Are Not Avoidable
- Repayment of Loan to Principals of Company was not Avoidable
- Secured Lender is an “Insider” of the Debtor and Debtor’s Repayment of Loan Is Avoidable
- Supply Contracts May Be Considered Commodity Forward Agreements, Immune to Avoidance Actions
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