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Expert Analysis

11th Circ. Ruling Boosts Defense Against Clawback Suits

By Thad Wilson and Jonathan Jordan ( August 5, 2022, 3:36 PM EDT) -- In July, the U.S. Court of Appeals for the Eleventh Circuit reversed a bankruptcy court's decision holding that a subsequent new value defense to avoidable preference liability must be reduced by payments the creditor-defendant receives during the course of a bankruptcy case....

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