Southern California Bankruptcy Law Blog

Monthly Archives: April 2014

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

Posted in Chapter 11, Chapter 13, Chapter 7

Here is the eighth defense against preference avoidance actions, the so-called de minimis transfer defense.  This defense has two versions. Defenses To Preference Avoidance Actions, Part VIII: The De Minimis Transfer Defense A.        The De Minimis Transfer Defense, Part I Suppose an individual with primarily consumer debt files a personal bankruptcy.  And suppose that debtor had… Continue Reading

Preferential Transfers IV: Defenses To Preference Avoidance Actions (Part VII)

Posted in Chapter 11, Chapter 13, Chapter 7

Here is the sixth defense against preference avoidance actions, the so-called domestic support defense.  This one is short. Defenses To Preference Avoidance Actions, Part VII: The Domestic Support Defense A comparison of the Bankruptcy Code prior to October 17, 2005 with its current incarnation (the 2005 law that changed the Code is the Bankruptcy Abuse… Continue Reading

Preferential Transfers IV: Defenses To Preference Avoidance Actions (Part VI)

Posted in Chapter 11, Chapter 13, Chapter 7

Here is the sixth defense against preference avoidance actions, the so-called statutory lien defense. Defenses To Preference Avoidance Actions, Part VI: The Statutory Lien Defense Some liens are voluntary, the result of the debtor voluntarily granting a lien to a creditor.  Examples include home mortgages and car loans. Other liens are involuntary and are recorded… Continue Reading