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Hawaii Bankruptcy Appeal Serves as a Reminder on Preferential Transfers

In an appeal from the U.S. Bankruptcy Court for the District of Hawaii, the U.S. District Court for the District of Hawaii determined when the date of the transfer occurred for the purposes of a...

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Eleventh Circuit Holds “New Value” Need Not Remain Unpaid

Michael Temin writes: One of the commonly asserted defenses to preference avoidance actions is the “new value” defense set forth in 11 U.S.C. § 547(c)(4).  One issue considered by courts is whether the...

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