Southern California Bankruptcy Law Blog

Monthly Archives: March 2014

Preferential Transfers IV: Defenses to Preference Avoidance Actions (Part V)

Posted in Chapter 11, Chapter 13, Chapter 7

Here is the fifth defense against preference avoidance actions, the so-called floating lien defense. Defenses To Preference Avoidance Actions, Part V: The Floating Lien Defense In my last post I discussed the security interest defense, and noted that § 547(c)(3) requires that the security agreement must clearly identify the collateral securing the debt.  The example that set… Continue Reading

Nicholas Gebelt is speaking on Preferential Transfers on May 8 in Orange, CA and May 15 in Pasadena, CA

Posted in Chapter 11, Chapter 13, Chapter 7

If you’ve been following my blog posts on preferential transfers and would like more in-depth coverage, I will be speaking on this topic on May 8 in Orange, California and again on May 15 in Pasadena, California.  In addition to the topic of Preferential Transfers: Preference Actions and Substantive Defenses, I will also cover the topics of 1) Fraudulent Transfers: Actual… Continue Reading

Preferential Transfers IV: Defenses to Preference Avoidance Actions (Part IV)

Posted in Chapter 11, Chapter 13, Chapter 7

Here is the fourth defense against preference avoidance actions, the so-called net result defense. Defenses To Preference Avoidance Actions, Part IV: The Net Result Defense Suppose you borrowed $10,000 from ABC Bank.  After paying back ABC Bank the $10,000, you borrowed another $7,000 from ABC Bank.  And suppose you filed for bankruptcy protection less than… Continue Reading

Preferential Transfers IV: Defenses to Preference Avoidance Actions (Part III)

Posted in Chapter 11, Chapter 13, Chapter 7

Here is the third defense against preference avoidance actions, the so-called security interest defense. Defenses To Preference Avoidance Actions, Part III: The Security Interest Defense Suppose you wish to buy a new car that costs $30,000, but you don’t have $30,000.  Your solution is to borrow money for the purchase.  The lender wants some assurance… Continue Reading