Showing posts with label new value. Show all posts
Showing posts with label new value. Show all posts

Saturday, May 12, 2018

PRE-PETITION “NEW VALUE” COUNTS TOWARD THE PREFERENCE DEFENSE; POST-PETITION “NEW VALUE” DOES NOT


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In an opinion that is informative although not precedential, In re AE Liquidation, Inc., No. 17-1794 (May 4, 2018)(which can be found here), the Court of Appeals for the Third Circuit considered both the ordinary course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.