Preferences

Delaware Dec 5, 2025

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.

Benchnotes May 2024

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Preference Claims Under § 547 Are Estate Property and May Be Sold Joining the Eighth and Ninth Circuits, 1 the U.S. Court of Appeals for the Fifth Circuit held that claims for the avoidance of

Benchnotes December 2023

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack District Court Finds that Free-and-Clear Sale Orders Have No Impact on a Purchaser’s Successorship Obligations Under NLRA The U.S. District Court for the District of Delaware recently reversed the

Benchnotes September 2023

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Court Establishes Framework for Determining Ownership Rights in Social Media Accounts The U.S. Bankruptcy Court for the Southern District of Florida recently considered an issue of first impression