Third Circuit Upholds Implied Consent to Bankruptcy Court Jurisdiction

Federal bankruptcy judges, who are not appointed under Article III of the Constitution, do not have the power to enter a final judgment in all matters that come before them. Pursuant to 28 U.S.C. ยง 157(b)(2), they generally may enter a judgment in all cases under the Bankruptcy Code or in certain proceedings defined as […]

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by H. Joseph Acosta, Esq.

Eleventh Circuit Holds that Paid “New Value” can Still Support a Preference Defense

Joining the Fourth, Fifth, Eighth and Ninth Circuit Courts of Appeal, the Eleventh Circuit recently held that new value does not need to remain unpaid in order to support the subsequent new value defense in a preference action. See Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), Case No. 17-13588, 2018 WL […]

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by H. Joseph Acosta, Esq.