Two Circuits Agree on When Social Security Benefits Accrue
The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.
Circuit Split Narrows on the New Value Defense to a Preference
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
Supreme Court Won’t Decide a Circuit Split on Garnished Wages as Preferences
Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.
Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs
Status of claims for overpayment of domestic support obligations begs for appellate review.