Ninth Circuit Rules that Deprizio Waivers Are Still Relevant, at Least to a Guarantor

On May 6, 2015, in Stahl v. Simon (In re Adamson Apparel, Inc.), 2015 US App. LEXIS 7508, the Ninth Circuit Court of Appeals became the first circuit level court to hold that an insider guarantor’s waiver of its indemnity, exoneration, contribution, and indemnity rights absolves the insider guarantor from potential preference liability for payments made to a… Continue reading Ninth Circuit Rules that Deprizio Waivers Are Still Relevant, at Least to a Guarantor

Eighth Circuit Upholds Availability of “New Value” Defense in Three-Party Creditor Relationships

In a recent decision, LGI Energy Solutions, Inc. v. Stoebner, 2014 US App LEXIS 5227 (8th Cir Mar 20, 2014), the United States Court of Appeals for the Eighth Circuit held that, in a three-party relationship in which a debtor’s otherwise preferential transfers to a third-party benefit the debtor’s primary creditor, new value coming from… Continue reading Eighth Circuit Upholds Availability of “New Value” Defense in Three-Party Creditor Relationships