Drew S Mcgehrin

October 04, 2018 | The Legal Intelligencer

In Kaye v. Blue Bell Creameries (In re BFW Liquidation), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit found that a liability for an allegedly preferential transfer may be reduced by the amount of new value given, regardless of whether that new value has already been repaid by the debtor before its bankruptcy filing.

By Rudolph J. Di Massa, Jr. and Drew S. McGehrin

8 minute read

April 02, 2018 | The Legal Intelligencer

In Anderson v. Credit One Bank, Case No. 16-2496 (2d Cir., March 7), the U.S. Court of Appeals for the Second Circuit affirmed decisions of both the District and Bankruptcy Courts for the Southern District of New York in addressing the enforceability of arbitration clauses in bankruptcy proceedings.

By Rudolph J. Di Massa, Jr. and Drew S. McGehrin

7 minute read

April 04, 2017 | The Legal Intelligencer

In Czyzewski v. Jevic Holding, 580 U.S. __ (2017), decided on March 22, the U.S. Supreme Court held that, without the consent of impaired ­creditors, a bankruptcy court cannot approve a ­"structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code.

By Rudolph J. Di Massa Jr. 
and Drew S. McGehrin

15 minute read