No Pleading Around the ‘Due Diligence’ Requirement for a Preference Complaint
Delaware’s Bankruptcy Judge Horan gives examples of preference complaints that adequately plead performance of due diligence.
Docketing Judgment Doesn’t Create a Lien on Personalty Until Execution
The issuance of an execution to the sheriff in New York results in the creation of a lien on personalty and the time of a transfer for preference purposes.