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Tag Archives: claw back

Understanding the “Subsequent New Value” Defense in Bankruptcy

When a business files for bankruptcy, payments made to creditors during the 90 days prior to filing come under scrutiny. Bankruptcy trustees or debtors in possession may seek to “claw back” these payments — known as “preferences” — to ensure fair treatment of all creditors. However, the Bankruptcy Code protects vendors who continue working with […]

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