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Lawrence J Kotler

Lawrence J Kotler

March 12, 2014 | Delaware Business Court Insider

Controlling Date of a Subsequent New Value Defense

In a recent decision in Giuliano v. Innovative Nationwide Builders (In re Ultimate Acquisition Partners), Bankr. No. 11-10245, Adv. No. 11-52633 (Bankr. D. Del. Jan. 31, 2014), U.S. Bankruptcy Judge Mary F. Walrath of the District of Delaware, in deciding a summary judgment motion filed by the defendant in this particular adversary proceeding, addressed several issues, including the issue of subsequent new value.

By Michael R. Lastowski and Lawrence J. Kotler

7 minute read