Defeating the Preference System: Using the Subsequent New Value Defense and Administrative Expense Claims to "Double Dip"

Authors

Nick Sears

Abstract

The Comment refers to the use of the § 547(c)(4) subsequent new value defense for the same goods that a creditor claims a § 503(b)(9) administrative expense for as 'double dipping,' a term used by some in the bankruptcy community to describe this issue. The Comment also addresses two primary issues: whether courts should allow creditors to double dip and, if not, what legal tools judges and lawyers can use to fight the practice.

Recommended Citation

Nick Sears, Defeating the Preference System: Using the Subsequent New Value Defense and Administrative Expense Claims to "Double Dip", 28 Emory Bankr. Dev. J. 593 (2012).
Available at: https://scholarlycommons.law.emory.edu/ebdj/vol28/iss2/12