It’s your worst nightmare: you provided goods and services to a financially struggling company, only to find out that it filed for bankruptcy, leaving your company with a large unpaid balance. Worst yet, after the debtor filed for bankruptcy, you receive a demand letter in the mail threatening a lawsuit if you do not return
Ordinary Course
Decision in Sierra Concrete Design, Inc. Provides a Thorough Explanation of the Principles Behind Bankruptcy’s Preference Laws
By Fox Rothschild LLP on
Posted in Opinions
Summary
In an opinion issued January 4, 2012, Judge Sontchi of the Delaware Bankruptcy Court provided an easy to follow primer in preference law in the course of granting in part and denying in part a preference defendant’s motion for summary judgment. Judge Sontchi’s opinion is available here (the “Opinion”). The Opinion provides an…