The 11th Circuit Clarifies “New Value” Defense
- September 28, 2018
- Thomas Adam
- Bankruptcy
If you are new to the bankruptcy process, you might never have heard of the “new value” defense that applies in situations in which a company is providing goods to the party that declares bankruptcy on credit at a periodic rate and paid the company in the preference period, or the 90 days leading up to filing for bankruptcy. This defense often helps companies who are owed money ultimately lower the amount to be paid during the preference period. In many situations, however, establishi[...]