New Value Must Remain Unpaid? It's Time to Resole New York City Shoes

Posted on January 1, 2007 by MorrisJames Delaware

New Value Must Remain Unpaid?  It's Time to Resole New York City Shoes.  ABI Journal, Vol. XXV, No. 9, November 2006.  Authored by: Carl N. Kunz, III and Thomas M. Horan.

In this article, the authors challenge long standing Third Circuit dicta that new value, as a defense to a preference action, must remain unpaid, relying on cases where paid and unpaid new value was actually at issue, various commentary, and the policy reasons behind the defense.

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