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Section 547 Bankruptcy Preferences

Nelson Mullins Riley & Scarborough LLP

Courts Remain Divided on Whether Avoidance Actions are Estate Property That May be Sold

Nelson Mullins reported on March 25 that the Fifth Circuit Court of Appeals, in Matter of S. Coast Supply Co., 91 F.4th 376 (5th Cir. 2024), held that preference claims arising under 11 U.S.C. § 547 may be sold, reversing the...more

Fox Rothschild LLP

What level of “reasonable due diligence” is actually required under Section 547(b) and does it really matter?

Fox Rothschild LLP on

As bankruptcy attorneys who often defend clients in preference avoidance actions, we were pleased with the 547(b) amendments, effective as of February 20, 2020, requiring a trustee to conduct some level of due diligence into...more

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