No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least
Several cases are in the running for Supreme Court review this term or next.
Circuit Split on Wage Garnishments Underpins a Certiorari Petition
Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.
Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense
Average daily sales suffice to show the date when new value was advanced.
Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules
Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.
Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules
Test case on preferences deepens a circuit split and lays the groundwork for certiorari.