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New York Bankruptcy Court: Setoff and Unjust Enrichment Cannot Be Asserted as Affirmative Defenses in Bankruptcy Avoidance Litigation | Jones Day - Vimarsana News

New York Bankruptcy Court: Setoff and Unjust Enrichment Cannot Be Asserted as Affirmative Defenses in Bankruptcy Avoidance Litigation | Jones Day

In a 2021 ruling, the U.S. Court of Appeals for the Second Circuit revived nearly 100 lawsuits seeking to recover fraudulent transfers made as part of the Madoff Ponzi scheme. In one of...

New SDNY Decision on Administrative Priority for Executory Contracts | Patterson Belknap Webb & Tyler LLP - Vimarsana News

New SDNY Decision on Administrative Priority for Executory Contracts | Patterson Belknap Webb & Tyler LLP

To encourage parties to transact with debtors in bankruptcy, the Bankruptcy Code in corporate bankruptcies provides highest priority to “administrative expenses,” which include “the...

First Community Mortgage's new CIO targets streamlining, transformation - Vimarsana News

First Community Mortgage's new CIO targets streamlining, transformation

Exec believes in growth even during a tough market cycle

Source: mpamag.com
Mortgage tech news roundup: July 15 - Vimarsana News

Mortgage tech news roundup: July 15

Canadian expansion, new hires, a Trump vet and more

Source: mpamag.com
First Impressions: Third Circuit Scuttles Triangular Setoff in Bankruptcy | Jones Day - Vimarsana News

First Impressions: Third Circuit Scuttles Triangular Setoff in Bankruptcy | Jones Day

To embed, copy and paste the code into your website or blog: The ability of a creditor to exercise its contractual, common law or statutory rights under non-bankruptcy law to set off amounts owed to a debtor in bankruptcy against the debtor's obligations to the creditor gives offsetting creditors an important advantage. Unlike many other creditors, creditors with setoff rights can receive preferential treatment in the form of full payment on their claims up to the amount of the setoff. However, a limitation on the exercise of setoff rights in bankruptcy is the Bankruptcy Code's requirement th...