By: Hon. Judith K. Fitzgerald (Ret.)
Tucker Arensberg,
P.C.
1500 One PPG Place
Pittsburgh,
PA 15222
jfitzgerald@tuckerlaw.com
In
an opinion that is informative although not precedential, In re AE Liquidation, Inc., No. 17-1794
(May 4, 2018)(which can be found here), the Court of Appeals for the Third Circuit considered both the
ordinary course and the new value defenses to a preference action. Regarding the ordinary course issue, the
appellate court detailed facts of record that established that collection
actions taken during the preference period were unilateral pressure tactics
that derailed the defense.