News & Analysis as of

Goods or Services Commercial Bankruptcy

Nelson Mullins Riley & Scarborough LLP

Does Electricity Supplied Within 20 Days of a Bankruptcy Qualify for Section 503(b)(9) Priority Status? Recent Decisions Say “No”

Section 503(b)(9) Overview - Ever since its addition to the Bankruptcy Code in 2005, there has been an ongoing debate as to whether electricity is a “good” or a “service” for purposes of section 503(b)(9). If electricity...more

Bowditch & Dewey

Getting Paid in Bankruptcy – Part II, Goods and Services

Bowditch & Dewey on

In this series, we look at how various payment rights are treated in bankruptcy. A summary like this could not possibly address every right that might arise in any given bankruptcy case. We have omitted several of the...more

Mayer Brown

Our 12 Most Common Insolvency Questions in Receivables and Payables Finance

Mayer Brown on

Supply chain finance products have a well-deserved reputation of being fairly low risk propositions. The majority of facilities are uncommitted, exposures are typically short-term and many counterparties are highly rated and...more

Seyfarth Shaw LLP

The Financially Distressed Dealership -- Strategies for Auto Franchisors

Seyfarth Shaw LLP on

Seyfarth Synopsis: As OEMs confront the impact of the COVID-19 pandemic on an already changing automotive industry, one significant issue will be the inevitable financial challenges that many dealers will face. Financially...more

Patterson Belknap Webb & Tyler LLP

An Unresolved Issue at the Intersection of Consignment and Bankruptcy Law Decided

It always amazes me when, after more than a half-century of Uniform Commercial Code (“UCC”) jurisprudence, an issue one thinks would arise quite commonly appears never to have been decided in a reported case. Such an issue...more

Jones Day

Eleventh Circuit Expands "Subsequent New Value" Preference Defense to Cases Involving Paid-For New Value

Jones Day on

In Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit broadened the scope of section 547(c)(4) of the Bankruptcy Code’s...more

Holland & Knight LLP

Eleventh Circuit Issues Opinion on New Value Defense to a Preference Claim

Holland & Knight LLP on

• In its recent decision in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), the U.S. Court of Appeals for the Eleventh Circuit held that liability for a...more

Burr & Forman

Blue Bell Creameries: Dishing Out a New Value Treat for Preference Defendants

Burr & Forman on

Trying to explain the primary purpose of Section 547 of the Bankruptcy Code to a client that just received a demand letter or complaint to avoid and recover preferential transfers can be a tough sell. Although the Section’s...more

Jones Day

Ask and You May Receive: Equitable Liens, Administrators and Court Directions in Australia

Jones Day on

The Background: The administrators of an Australian auction house and gallery business applied to the Federal Court of Australia for directions to recover in excess of $1 million in fees and costs incurred with respect to...more

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